DHANANJOY RAJUWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Dhananjoy Rajuwar has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) The victim of the incident was Mongla Bhumji, aged about 50 years.

(3.) According to the prosecution case, 6 (six) months prior to the date of incident, son Sukura of Mongla had caused injuries to the appellant with a sword. The appellant, therefore, nursed a grudge against Sukura and members of his family. On 8.5.2011, at about 4.30 PM, Mongla was on road and going somewhere. Seeing him, the appellant called Mongla by name and said that his son Sukura had cut him on his right hand and therefore, he will have to bear the consequences. Mongla replied by saying that he does not know anything about cutting by Sukura. But the appellant attacked Mongla with a sword and caused multiple injuries to him, due to which, he died on the spot. Ejahar exhibit 2 of the incident was lodged by Biren Bhumij (PW-3), another son of Mongla. The incident was witnessed by Radesam Rajuwar (PW-2) and Sukumoni Munda (PW-4). Executive Magistrate, Charaideo, Sonari prepared inquest report on the dead body of Mongla exhibit 3. The dead body of Mongla was lying on the road in a pool of blood.