SAINPHA NAYAK @ SAIF Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sainpha Nayak @ Saifa has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5000/- with default stipulation. He has also been convicted under Section 341 of the Indian Penal Code and has been sentenced to undergo imprisonment for 1(one) month. The sentences are directed to run concurrently.

(2.) The victim of the incident was Mitku Kumar, his brother-in-law, who married the sister of the appellant - Juri Kumar (DW-1). Mitku was about 34 years of age at the time of his death.

(3.) According to the prosecution case, Mitku was a cycle mechanic and he used to torture Juri both mentally and physically. Mitku was a chronic alcoholic and frequently tortured Juri under the influence of alcohol. One day-just about 3 days prior to the occurrence - Mitku assaulted Juri with a dao being influenced by alcohol. She was taken to the North Lakhimpur Civil Hospital at Sabati and a case was lodged against Mitku in the police station. He was also arrested. But subsequently, the families of Mitku and Juri came to a mutual understanding and Mitku was released from custody. Coming out of the police custody, Mitku again went to the house of Juri and assaulted her father. The appellant who was tolerating the misdeeds and misconduct of his brother-in-law for a long time, could not keep himself compose any longer and on 20/2/2009, when Mitku went to see Juri in hospital and was returning home with the appellant and Tanka Bora (PW-1) on bicycles at about 4 p.m., the appellant assaulted him with a dao on the road by restraining him and as a result, Mitku died on the spot. The appellant and Tanka then went to the house of Upen Roy (PW-9) and Bina Roy (PW-4) and there the appellant washed the blood from his hands and face and left their house leaving the bicycle in the backyard. Upen was not present in the house at that time and his wife-Bina-was only present.