MAHESWAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Maheswar Deka has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.25,000/- with default stipulation.

(2.) The victim of the incident was Ajit Choudhury, aged about 55 years.

(3.) According to the prosecution case, on 23/6/2009 at about 2:30 PM, Ajit Choudhury was going from Mangaldoi town towards his house on his bicycle. The appellant was coming in pillion riding on bicycle with Haripada Mandal (PW2) from the opposite side. Basundhar Deka (PW1) was also going on his bicycle behind Ajit Choudhury and was at a little distance. When Ajit Choudhury and the appellant came face to face near 40 No. Marowary Primary School, appellant obstructed Ajit Choudhury with a dagger and tried to assault him. Ajit Choudhury resisted the appellant with his bare hands and both entered into a scuffle. Suddenly, appellant stabbed Ajit Choudhury with a dagger in his abdomen and also injured him on his head and other parts of the body. Basundhar Deka and Haripada Mandal could not muster courage to stop the appellant and Ajit Choudhury fell on the ground profusely bleeding. At that time, Taran Deka (PW-3) , Dayaram Deka (PW-4) and Bireswar Deka (PW-6) also reached the place of occurrence. Bireswar Deka then quickly snatched one 'gamocha' from a lady and tied the wound on the abdomen of Ajit Choudhury. Dayaram Deka also saw Ajit Choudhury lying on the ground being injured. Taran Deka, Dayaram Deka and Bireswar Deka then apprehended the appellant and brought Ajit Choudhury to the hospital in a vehicle. Ajit Choudhury was first taken to Mangaldoi and then to Gauhati Medical College and hospital. Bikash Choudhury (PW-5) - son of Ajit Choudhury-while on his official duty as an Assistant Sub-Inspector of S.S.B. posted at Howly camp-also got information about the assault made on his father over phone and he immediately rushed to the hospital. But all efforts made to save Ajit Choudhury failed and he breathed his last at about 10 P.M. in the hospital. Bikash Choudhury could reach the hospital only after the death of Ajit Choudhury.