HARI BAHADUR ADHIKARI @ CHETRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Hari Bahadur Adhikari @ Chetry 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 appellant's wife - Radhika Chetry, aged about 47 years.

(3.) According to the prosecution case, at about 6:30 p.m. on 110.2011, while the appellant, his wife-Radhika and their married daughter Manjuli (PW-8) were there in the house and Radhika was bathing behind the house, the appellant hacked her with a dao, as a result of which, she died. At that time, Bhupal Adhikari (PW-1), the son of the appellant, was not at home and had gone to his maternal uncle's house nearby and only Manjuli witnessed the incident. Seeing the occurrence, she raised a hue and cry and hearing the same, Bhupal came back home only to find his mother Radhika injured and on being asked, Manjuli told him that the appellant had committed the offence and fled. Brother Purna Newar (PW-2) of Radhika and Kunti Newar (PW-5) - younger sister of Radhika - hearing the hue and cry also came to the house of appellant and saw the appellant fleeing through the backside of his house. Kunti was told by Putuli - the daughter of appellant that appellant had committed the offence. Annan Newar (PW-3) - neighbour of the appellant, Sanjay Newar (PW-4)and Kamala Newar (PW-6) - both nephews of Radhika also arrived at the place of occurrence hearing the hue and cry and found Radhika in an injured condition. Radhika was taken to hospital, but she succumbed to her injuries on way. It may be mentioned herein that none, who immediately arrived at the place of occurrence, found the appellant in the house, and later on, appellant surrendered before the police.