LARA MAJI Vs. THE STATE OF ASSAM – RESPONDENT

JUDGEMENT

(1.) The sole appellant - Lara Maji has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 1,000/- with default stipulation.

(2.) The victim of the incident was Shanti Maji, aged about 70 years.

(3.) According to the prosecution case, Shanti Maji was staying in the common house of her son-in-law - Boloram Maji and his younger brother-Mudoi Maji (PW-2). The house was situated at village Barhampur, Sibasthan Gaon, falling within the jurisdiction of Police Station Nagaon Sadar. On 12.8.2006, at about 10 a.m., the appellant, armed with a dao, came to the house of Mudoi Maji and enquired about Shanti Maji. The appellant also told Mudoi Maji that he often saw Shanti Maji in his dream. At that time, Boloram Maji was not present in the house and instead, Moneswar Maji (PW-3) was present. Moneswar Maji is son in-law of Mudoi Maji. The appellant then first gave a fist blow to Moneswar Maji and thereafter rushed towards Shanti Maji, who tried to run away, but could not succeed. The appellant, in the courtyard of the house, struck Shanti Maji with a dao on her neck and stomach. Seeing this, Mudoi Maji got terrified and ran away to Barhampur. From there, he promptly telephoned the police of Itachali Police Out-Post and narrated about the incident. This telephonic information was received by the In-charge of Police Out-Post - Hara Kanta Khound (PW-6), who made G.D. Entry No. 208 dated 12.8.2006 of the same and proceeded to the place of occurrence. He also forwarded the information to Officer In-charge of Nagaon Police Station. Mudoi Maji even made ejahar exhibit 2 against the appellant. At the place of occurrence, Hara Kanta Khound saw the injured dead body of Shanti Maji. Thereafter, he referred the body for post mortem examination. He also conducted the search in the house of appellant and recovered a dao from one corner. The dao was seized vide seizure list exhibit-1.