SARWAN RABIDAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Appellant Sarwan Rabidas has been convicted under Section 302 of Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. 2,000.00 with default stipulation. The other two co-accused persons, namely, Suresh Rabidas and Niranjan Rabidas have been acquitted of the charges.

(2.) The victims of the incident were Naresh Rabidas, aged about 49 years and his son Manoj Rabidas, aged about 20 years.

(3.) According to the prosecution case, on 2.6.2011 sometime in the morning, a quarrel took place amongst the female family members of victims on one side and of appellant on the other side over fetching of drinking water from well. At that time, the appellant threatened to kill Naresh and Manoj before completion of the day. When the appellant made such a threat, two co-accused persons, namely, Suresh Rabidas and Niranjan Rabidas were also present with him. Later, in the evening, around 7 PM, the appellant assaulted Manoj on the road of Promode Nagar Tea Garden with an axe and ran towards the Factory of the Tea Garden. And there finding Naresh, the appellant inflicted injuries to him also with the same axe. Naresh died on the spot whereas Manoj was carried to Karimganj Civil Hospital for treatment. In the meantime, Rita Rabidas (PW-1), daughter of Naresh, lodged the ejahar at Police Station Nilam Bazar District Karimganj.