NAKUL PRADHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Nakul Pradhan has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000.00 with default stipulation. He has also been convicted under Sec. 448 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. The jail sentences have been ordered to run concurrently.

(2.) The victim of the incident was Bhima Chetry, aged 23 years. She was also the wife of appellant.

(3.) According to the prosecution case, the appellant and Bhima were husband and wife. On 29.3.2010, they along with their small male child had come to the house of Tulosha Chetry (PW-1). Tulosha (PW-1) is mother of Bhima and mother-in-law of the appellant. Runuka Chetry (PW-2) is sister of Bhima. On that date, she was also present in the house. Sometime in the late night, the appellant, without telling anyone, left the house for somewhere and returned around 4 A.M on the following morning i.e. 30.3.2010. He then asked Bhima to lit a lamp. On hearing this, Tulosha got up and looked for a match box, but could not find one. She, therefore, went to the neighbour's house and returned with a match box. After lighting the lamp, she went to a nearby toilet, but from there, she heard the outcry of Bhima and therefore, she rushed back to her house. On reaching the house, Tulosha saw appellant indiscriminately causing injuries to Bhima with a Khukuri. She also saw Bhima getting up, trying to run away and falling after few steps. Tulosha tried to intervene, but she too fell down due to giddiness. The appellant then gave further blows with khukuri to Bhima and fled. Shocked and stunned, Renuka Chetry (PW-2) removed the child from there to save his life. During the incident, Rupa Das (PW-5), another sister of Bhima, who lived in the neighbourhood, on hearing the commotion also rushed to the place of occurrence and saw the appellant causing injuries to Bhima. Tulosha promptly lodged the ejahar Exhibit -1 wherein she categorically named the appellant as assailant of Bhima. The police came to the spot and prepared the inquest of body Exhibit-4. The police then referred the body for the postmortem examination.