SABUL HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Sabul Hussain Laskar has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5000/- with default stipulation for committing the murder of his brother- Baharul Islam Laskar.

(2.) According to the prosecution case, the appellant and his deceased brother Baharul Islam Laskar lived jointly along with their mother and sister - Alpana Begum Laskar (PW-3) in a house having three rooms. The appellant and Baharul Islam Laskar had occupied a room each whereas their mother and sister- Alpana Begum Laskar had occupied the third room. On 16.2016, at about 11 p.m., for some reason, Baharul Islam Laskar picked up a quarrel with the appellant, who retaliated by hitting on the head of Baharul Islam Laskar with a grinding stone. On hearing the commotion, Alpana Begum Laskar and mother intervened, but the appellant paid no heed to them. Baharul Islam Laskar, with the help of neighbours, was, first, taken to Police Station Kasudaram and then to Silchar Medical College Hospital, where he was declared dead. Ejahar of the incident (Exhibit I) was lodged on 17.2016 at Police Station Kasudaram by Bebul Hussain Laskar (PW2), who also happens to be brother of both appellant and Baharul Islam Laskar. In the ejahar, Bebul Hussain Laskar categorically mentioned the name of appellant as the assailant of Baharul Islam Laskar.

(3.) Dr.Gunajit Das (PW-6) conducted the post mortem examination on the dead body of Baharul Islam Laskar. He found abrasions 3 x 01 cm, 02 x 02 cm, 02 x 01 cm over front of left forehead, front of right forehead and 01 cm lateral to right eye respectively. The doctor, in his post mortem examination report Exhibit 5, opined that the cause of death was due to head injuries, which were possibly caused by the seized grinding stone.