CHAMPAK DAS Vs. STATE OF ASSAM & ANOTHER

JUDGEMENT

(1.) Both these appeals are being decided by this common judgment and order, because they arise out of the same impugned judgment and were heard together.

(2.) In Crl. Appeal No.52/2015, appellant Champak Das has challenged his conviction under Section 304 Part I of the Indian Penal Code and sentence of 10 years rigorous imprisonment and fine of Rs.10,000/- with default stipulation. In Crl. Appeal No.224/2015, complainant Samir Paul is aggrieved with the acquittal of Champak Das under Section 302 of the Indian Penal Code and is dissatisfied with his conviction under Section 304 Part I of the Indian Penal Code.

(3.) Facts in short are these. Champak Das is married to Susmita Das (PW-3). Both of them also have a son. Susmita Das along with her son was staying in her parental house. Samir Paul (PW-1) is her father and Kalitara was her mother. On 14.8.2011, around 8 PM, Champak Das went to the parental house of Susmita Das and requested his mother in law Kalitara to send Susmita Das along with him to his house. But, Kalitara insisted Champak Das to permit Susmita Das to remain there for some more days. This discussion happened in the kitchen. Champak Das then asked Kalitara that he may be allowed to at least take his son along with him. But, to this also, she did not agree. This led to quarrel between them. And, in a fit and anger, Champak Das picked a dao from the kitchen and caused multiple injuries to Kalitara with it. Champak Das then tried to fled, but was caught by the public. Kalitara was carried to the hospital for treatment.