PORESH KOYA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Poresh Koya has been convicted under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000.00 with default stipulation.

(2.) The victim of the incident was Bidyadhar Mirdha, aged about 35 years.

(3.) One Moniram Kumar (PW 1) had suffered sprain in his leg. On 16.1.2008 he therefore called Bidyadhar to his house to do massage for getting relief from pain. And at about 12.30 hours, when Moniram and Bidyadhar were having tea in the courtyard of former, the appellant suddenly came there with a wooden baton and dealt one blow with it from behind on the head of Bidyadhar. Bidyadhar, on receiving the fatal blow on his head, fell down and died on the spot. The appellant then dropped the baton there and fled. Moniram immediately informed Sandhya Mirdha (PW-2), wife of Bidyadhar, through a local boy. Sandhya, on receiving the information, rushed to the place of occurrence and saw Bidyadhar lying dead. Thereafter she promptly made the ejahar exhibit 3 at Police Station Haluwating, District Sivasagar. Haren Gowla, a personnel of Village Defence Party, wrote the ejahar on her behalf. The police, on reaching the spot, made the inquest report exhibit 1 and seized the wooden baton.