DAYAL GANSU Vs. STATE OF ASSAM & OTHERS

JUDGEMENT

(1.) The sole appellant Dayal Gansu has been convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.3,000.00 with default stipulation.

(2.) The victim of the incident was Cine Gansu, aged 35 years. He was also brother of the appellant.

(3.) According to the prosecution case, on 27.12.2012, the appellant was having meals in the house of Cine Gansu. At that time, their sister Anita Gansu (PW-5) was also present and Sani Etwa (PW-4), wife of Cine Gansu, was serving food to them. The appellant asked for more pieces of fried fish from Anita Gansu, which led to a quarrel between him and Cine Gansu. The appellant, then, suddenly, picked up a dao lying nearby in the house and dealt a blow on the neck of Cine Gansu. The blow proved to be fatal and Cine Gansu died on the spot. After the incident, the appellant returned to his house and slept.