LODHA KUMAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Lodha Kumar has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 2,000/- with default stipulation.

(2.) The victim of the incident was Matleb Ali, aged about 40 years.

(3.) According to the prosecution case, Matleb Ali was a cattle trader. He went to the house of appellant to buy his cow, but the deal could not be finalized for disagreement on sale consideration for which a quarrel also took place between the two. On that very night, one cow of the appellant was allegedly stolen by Matleb Ali. Being infuriated, appellant hacked Matleb Ali with a dao from backside on his neck and chest, at about 10/11 a.m. on 17.11.2011. At that time, Matleb Ali was with another cattle trader - Bal Bahadur (PW-1). Matleb Ali being grievously injured fell down and died immediately whereas the appellant fled.