HEMANTA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Hemanta Das has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation.

(2.) The victim of the incident was Sudhir Mal, aged about 55 years.

(3.) According to the prosecution case, on 29.4.2007 around 4 p.m., Sudhir Mal was going to the house of Ekadashi Mal (PW-2) from the house of informant Babul Mal (PW-1). On his way, when he reached near the local Lower Primary School, the appellant armed with a dao attacked him on the road. The appellant caused one injury on the right side of his back and another on his neck, as a result of which, he died on the spot. Both Babul Mal and Ekadashi Mal are sons of Sudhir Mal. Babul Mal made the ejahar exhibit 1 at Police Station Dholai wherein he categorically stated that he saw the appellant committing the crime. Earlier to making of ejahar, Babul Mal had also verbally informed the police that appellant had killed Sudhir Mal by causing injuries with a dao. This oral information was recorded in the General Diary as Entry