RANJIT KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 30.8.93 delivered by Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 1/91 thereby holding the appellant guilty of offence punishable under Section 302 I.P.C. and sentencing him to undergo imprisonment for life and to pay of fine of Rs. 500/- or in default of payment of fine to suffer 3(three) months rigorous imprisonment.

(2.) Briefly stated, the prosecution case was that on 25.6.90, the appellant Ranjit Kurmi, a tea garden labourer around 12.50 in the forenoon in Alipur Basti under Lakhipur Police Station assaulted his wife with a dao thus intentionally causing her death and at the same time also caused the death of bis sister Kanaklata. Deceased Lakshi Rani Kurmi, younger sister of the informant1P.W.-2, Sani Mohan Kurmi, was married to the accused about 3(three) years prior to the incident. About a month and a half before the incident, Lakshi had come to her parental home. On 18.6.90 the appellant visited his in-laws place to fetch his wife. It is a custom prevalent amongsts Kurmis and known as 'Nayer'. Having stayed there for a couple of days, he returned home along with his wife Lakshi Rani and her younger sister Santi. On 24.6.90, the informant P.W.-2 along with cousin Haren visited the appellant to bring their younger sister Santi Rani and stayed there for a night. They were invited for a dinner next day morning by P.W.-4 Bala Ram Kurmi whose house is situated at a distance of about a furlong from the house of the accused. On the fateful day, the accused picked up a quarrel with his wife and his sister Kanaklata both of whom were assaulted with dao. Hearing hullah, the informant along with P.W.-4 and others rushed to the house of the accused who was seen moving with a blood stained dao. Someone from amongst the crowd said to look at the side of the well and Kanaklata was found lying in a pool of blood with her neck cut. When they went inside, Lakshi Rani, the wife of the accused was found lying in a pool of blood with her neck also cut.

(3.) P.W.-4 rushed to the police station and lodged an Ejahar, Ext. 3, which resulted in registration of a case u/s 302 IPC, which was investigated by P.W.-8, who immediately rushed to the spot after making G.D. Entry No. 393. He found 2 (two) dead bodies, one lying in the kitchen and the other near the well. Inquests were held as per Exts.7 and 8 and Sketch Map, Ext.9 prepared. The dead bodies were sent for post-mortem examination. Dao was seized, blood stained clothes and ornaments of the deceased were also taken from the dead bodies. As the accused expressed his desire to make confession, he was forwarded to the Judicial Magistrate for recording his confessional statement. On completion of investigation, the accused was charged and tried for the above offence. He pleaded not guilty to the charge. Prosecution examined as many as 8 (eight) witnesses including the doctor, P.W.-l and the Investigating Officer, P.W.-8. On consideration of evidence the trial Court has noted that the accused in his examination under Section 313 Cr.P.C. admitted, having committed murder of his wife Lakshi Rani and sister Kanaklata. He was found guilty. The trial Court has convicted and sentenced him as noted above. Hence this appeal.