DAMBARU PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Dambaru Phukan has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation.

(2.) The victim of the incident was Jadu Phukan, aged about 48 years. He was also an elder brother of the appellant.

(3.) According to the prosecution case, both appellant and Jadu Phukan lived in their respective houses situated at Village Karanga of Sivsagar District. Their houses were contagious and had a common backyard. In the backyard, both had a plantation of betel-nut trees. On 10.4.2010 around 6.30 a.m. Jadu Phukan heard the sound of tree cutting coming from the backyard. He, therefore, asked his son Popish Phukan (P.W.1) to see who was cutting the tree. Popish, in turn, went to the backyard where he saw appellant along with Harendra Phukan (P.W.8) and Tulen Phukan (P.W.13). At that time, appellant had a dao in his hand. And on the asking of Popish why he was selling land, the appellant charged him with a dao. Popish, apprehending threat to his life, yelled for help and hearing this Jadu Phukan also rushed to the backyard. In the backyard, the moment appellant saw Jadu Phukan he without uttering anything, dealt repeated blows with a dao on his person. In the result, Jadu Phukan sustained multiple cut injuries. Horrified with the sudden assault, Harendra Phukan and Tulen Phukan quietly left the place of incident. Immediately, an ambulance was called in which Jadu Phukan was carried to Joysagar Civil Hospital but he died on way. The appellant also after committing the crime first went to the house of his cousin Amal Phukan (P.W.6) and Saya Phukan (P.W.7) and from there, he went to the house of his another brother Nanu Phukan (P.W.14) to hide himself in the courtyard. Popish lodged the ejahar exhibit 1 at Police Station Bakata-Nemuguri on the same day wherein he categorically named the appellant as a person who caused death of Jadu Phukan. Station Officer, Sarat Chandra Nath (P.W.8) of Police Station Bakata-Nemuguri, on reaching the place of incident, found blood, one dao, one lathi and 3 pairs of sandals. He seized these articles in the presence of witnesses - Jitu Phukan (P.W.2), Khirod Konwar (P.W.3), Siba Konwar (P.W.4), Suraj Phukan (P.W.5) and Utpal Rajkhowa (P.W.10). The seizure memo in this regard is exhibit-2.