SITARAM TANTI Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Sitaram Tanti 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.

(2.) The victim of the incident was Anami Tanti, aged about 28 years and the appellant is her elder brother.

(3.) According to the prosecution case, the appellant, victim Anami Tanti, their father Ganesh Tanti (PW-1) and mother Mina Tanti (PW-2) lived together in a house situated at Line No. 9, Rajgarh Tea Estate, falling within the jurisdiction of Bardubi Police Station. The appellant is a widower and has two minor sons, namely, Manoj Tanti (PW-3) and Rohan. They also lived in the same house. On 26.01.2011, around 11 pm, the appellant returned home in a drunken state and for no apparent reason, started assaulting mercilessly Anami Tanti with dao, iron rod and lathi. At that time, Anami was helpless and died on the spot due to multiple injuries caused to her. After beating Anami Tanti to death, the appellant went to sleep with Manoj and Rohan. The incident was witnessed by Mina and Manoj. Ganesh Tanti could not witness the incident because he had gone out for work. On the following morning i.e. 27.1.2011, Ganesh Tanti was informed about the incident by Mina and nephew Anil Tanti. Ganesh, in turn, lodged the ejahar - Exhibit 1 at Police Out Post Langkashi, wherein he named the appellant as the assailant of Anami. The ejahar was, thereafter, registered as First Information Report. The police reached the place of occurrence and arrested the appellant on 27.1.2011 itself. The police also seized one dao, iron rod and branch of tree about 2 feet long vide Seizure List Exhibit-3.