MONGAL SOREN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Mongal Soren has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.

(2.) The victim of incident was Dhani Tadu, aged 28 years.

(3.) Dhani, after leaving her first husband, re-married to appellant. She, therefore, along with her son, aged about 5 years from her first husband, lived with the appellant in Village Bhangapara falling within the jurisdiction of Police Station Basugaon, District Chirang. According to the prosecution case, on 30.10.2011, around 9.30 p.m., the appellant dealt a blow with an axe on the stomach of Dhani. This he did in his house. The blow was so severe that it also cut the small and large intestine below umbilicus region and resulted into her death on the spot. The appellant then on the following morning went to the house of Village Headman and told him that his wife had killed herself. At that time other villagers were also present. Thereafter, Thomas Kisko (PW-2), Hutu Hembram (PW-3) and Sundar Soren (PW-6) and some co-villagers went to the house of appellant where they found dead body of Dhani with a bleeding cut injury in abdomen. Seeing this, the public apprehended the appellant and informed the matter in the Camp of Bircha Command Force. One Commander from the Bircha Command Force reached the place of occurrence and took the appellant to the Camp. Sundar Soren then made ejahar exhibit 5 at Police Station Basugaon against the appellant. The police took the appellant into custody from the Camp and brought him to his house. During interrogation, the appellant admitted that he had killed Dhani and also produced the axe. The police seized the axe vide exhibit 3 in the presence of Sundar Soren (PW-6) and Thomas Kisko (PW-2).