SAMARU MAJHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Samaru Majhi has been convicted under Section 302 of the IPC for causing the death of his wife Asha Majhi, aged about 27 years and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.3,000/- with default stipulations.

(2.) The case of the prosecution is that the appellant used to live with his parents, his wife and two children. A commotion was raised by the two children at about 11 P.M. of 111.2007. Rabilal Majhi (P.W.-1), who is the father of the appellant, hurriedly went out of his room and on entering the room of the appellant he saw the latter running away from the rear end of the house with an axe in his hand. P.W.-1 also saw Asha lying on the bed in injured state. Next morning, Rabilal informed Lasman Murah (P.W.-4), who is the Gaonburah of the village, about the incident. Lasman informed Uttam Tamuli (PW-8), who is the Secretary of the Village Defence Party, who in turn informed the Police over telephone. Personnel from Digboi Police Station arrived at the place of occurrence and during their stay, the appellant came out from the nearby bamboo plantation with the axe (Mat. Ext.1) in hand, which he handed over to the Police. The same was seized vide Seizure List (Ext.1).

(3.) Ejahar in the case was lodged by Rabilal Majhi (P.W.-1) vide FIR (Ext.3) dated 111.2007, at around 7.45 A.M. and the same was registered as Digboi P.S. Case No.218/2007 under Section 302 IPC. Md. Abdul Hannan (P.W.-9), in his capacity as the Sub-Inspector of Police of Digboi Police Station took up the charge of investigation. In the course of the investigation, Inquest was held, statements of witnesses were recorded, the dead body of Asha Majhi was sent for post-mortem examination. Upon completion of investigation, Charge Sheet against the appellant was submitted under Section 302 IPC. The case was committed to trial. Formal charge under Section 302 IPC was framed and the same was read over and explained to the appellant to which he pleaded not guilty and claimed to be tried.