PARASURAM KOIRI Vs. STATE OF ASSAM & ANOTHER

JUDGEMENT

(1.) The sole appellant Parasuram Koiri has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/- with default stipulation. He has also been convicted under Section 326 of the Indian Penal Code and sentenced to rigorous imprisonment for 3 years and fine of Rs.1000/- with default stipulation.

(2.) According to the prosecution case, the appellant lived along with his wife Laxmi Koiri (PW-8), minor son Biru Koiri and daughter Sibani Koiri (PW-9) in a house situated at Shimluguri Guijan Road falling within the jurisdiction of Police Station Tinsukia. On 23.10.2013, at about 4 O'clock in the morning, he hacked Biru Koiri to death and caused injuries to Laxmi Koiri and Sibani Koiri with a chopping dao. This he did in his own house. Julhash Rahman (PW- 1), Secretary of Guijan Bazar Village Defence Party was informed about the incident. He, therefore, rushed towards the house of appellant. On way, Julhash Rahman met the appellant and he confessed to him about the incident. Julhash then made arrangements for shifting Biru, Laxmi and Sibani to Tinsukia Hospital and from there for better treatment, they were sent to the Assam Medical College, Dibrugarh. But, Biru succumbed to his injuries. Julhash, as Secretary of Guijan Bazar Village Defence Party, immediately lodged the ejahar (exhibit-1) at Guijan Police Out post and also handed over the appellant to police custody.

(3.) Sub-Inspector, Mahi Kanta Gogoi (PW-14), after arresting the appellant and seizing dao from his possession vide exhibit-2, sent the body of Biru for post mortem examination.