KRIPAL BORAH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Kripal Borah has been convicted under Sec. 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000.00 with default stipulation.

(2.) The victim of the incident was Majujan Ali, aged about 35 years. He used to run a bicycle repairing shop on the bank of Jamuna Canal near Circuit House at Sivsagar Town.

(3.) According to the prosecution case, the appellant was a Police Constable. He was assigned Guard duty in the Circuit House, Sivasagar. On 13.3.2006, he picked up one fish from the rickshaw of rickshaw puller Padum Pradhan (PW-14). When Padum Pradhan protested, the appellant quarreled with him, but returned the fish. Padum Pradhan then also complained about the conduct of appellant to Majujan Ali. Since the appellant was a frequent visitor to the shop of Majujan Ali, he advised the appellant not to trouble people. This infuriated the appellant. He not only pushed Majujan Ali on the road, but also warned that he would take revenge. And, on the same night, the appellant, after getting drunk, forcibly entered inside the house of Majujan Ali and shot him dead with 303 rifle, which was allotted to him. This he did in the presence of family members of Majujan Ali. The incident was witnessed by Khetiza Begum (PW-7), Juli Begum (PW-8) and Sulekha Begum (PW-9). Majujan Ali was carried in the car of Md. Nazimul Hussain (PW-5) to Sivasagar Civil Hospital, where he was declared dead. Md.Nazimuddin Hussain, Secretary of Village Defence Party informed the incident to Sivasagar Police Station over telephone regarding which Entry exhibit 11 was made vide G.D. No.563 dated 13.3.2006. Md. Noor Ali (PW-4) made the ejahar exhibit 3 at the same Police Station. Bisturam Kumbung (PW-17), Executive Magistrate made the inquest report exhibit 2 on the dead body of Majujan Ali. The police seized one 303 rifle bearing Butt No.53, 40 rounds of live cartridges, one cotton bundle and one rifle ceiling from the possession of appellant vide seizure memo exhibit 1.The police also seized one empty cartridge of 303 ammunition vide exhibit 10, which was found lying near the bed of appellant.