KIRAN BRAHMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Kiron Brahma 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.

(2.) The victim of the incident was Doshi Brahma, aged about 50 years.

(3.) According to the prosecution case, Doshi Brahma lived in Muwria Gaon in Udalguri district of Assam with her sons - Bijoy Brahma (PW-8) and Ajoy Brahma (PW-9) besides her two daughters Rewati Brahma and Renu Brahma. At about 10:30 AM on 02.07.2005, Doshi Brahma was found lying dead on the road with injuries on her head. Coming to know about the same, Ajoy Brahma lodged the Exhibit-5 First Information Report in the Udalguri Police Station stating that someone had killed Doshi Brahma on the road by beating her and as such some action may be taken in this regard. Ajoy Brahma also told the police that on 12.06.2005 some persons of his village tied Doshi Brahma and her two daughters and assaulted them. He named those persons too, which were reduced into writing atthe bottom of First Information Report.