DIMBESWAR RAI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Dimbeswar Roy has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation for committing murder of Khargeswar Roy, aged about 35 years. He has also been convicted under Section 324 of the Indian Penal Code and sentenced to imprisonment for 1 (one) year for causing injury to Chitra Roy, wife of Khargeswar Roy.

(2.) According to the prosecution case, appellant was the next door neighbour of Khargeswar Roy. The houses of appellant and Khargeswar Roy were adjacent. They lived in the same compound separated by a fence. There was some dispute between appellant and Khargeswar Roy regarding a portion of land. The appellant was, therefore, nurturing a grudge against Khargeswar Roy and his family for that. It was cold winter morning on 9/11/2008 when Khargeswar Roy got up in early hours and started working in his front yard. It was about 5 a.m. He was preparing some bamboo posts to erect one fencing and his wife Chitra Roy (P.W.5) was sweeping the passage. Chitra Roy suddenly noticed that a man was approaching towards her. As the man had covered his face and body with a shawl she first mistook him as a woman. But when the man came closer, Chitra Roy identified him to be the appellant. Without a word, appellant then stabbed her in the stomach with a knife. She immediately fell down on the ground. Seeing this, Khargeswar Roy ran towards her for help but the appellant repeatedly stabbed him also in the chest. Khargeswar Roy also fell down on the ground. Seeing this, Chitra Roy yelled for help.

(3.) Hearing commotion, brother Birendra Nath Rai (P.W.1) of Khargeswar Roy got up from the bed. His wife and daughter intimated him about the occurrence and he immediately rushed to the house of Khargeswar Roy. In the meantime, many people including neighbours Apurba Roy (P.W.2) and Sankar Baruah (P.W.3) gathered at the place of occurrence on hearing the cries of Chitra Roy. Ranjit Narayan Das (P.W.4) was sleeping at that time and he also heard Chitra Roy shouting that appellant had assaulted Khargeswar Roy. Hearing this, he also rushed to the house of Khargeswar Roy. Likewise, Biju Gogoi (P.W.6) hearing commotions and seeing people running helter-skelter, came out of his house and went to the house of Khargeswar Roy. They found both Khargeswar Roy and Chitra Roy in injured condition and some neighbours trying to save Khargeswar Roy by massaging oil over his body. Chitra Roy told Apurba Roy, Sankar Baruah and Ranjit Narayan Das that appellant had stabbed her and Khargeswar Roy. The people gathered there immediately called for ambulance and sent Chitra Roy to hospital. Unfortunately, Khargeswar Roy succumbed to his injuries whereas Chitra Roy was admitted in Guwahati Medical College and Hospital and was discharged four days later, after treatment.