CHUTU CHOWRA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is a Jail Appeal against the judgment and order passed by the learned Additional Sessions Judge, Jorhat convicting the accused under Section 302 of the I.P.C. and sentencing him to undergo regorous imprisonment for life and also to pay fine of Rs. 100/- and in default further imprisonment for 1 month.

(2.) First Information report was lodged before the Mariani Police Station alleging inter alia that the accused Chutu Chowra, brother-in-law of Chutu Basur caused the death of the deceased by hitting him with a broken bottle at about midnight or at 1 am on 7.9.93. Said accused also caused injury to his elder sister. On receipt of the FIR, Mariani P.S. Case No. 115/93, under Section 325/302IPC was registered. In due course Police submitted charge-sheet under Section 302 I.P.C. The learned Trial Court examined six witnesses including PW-1. Defence examined none.

(3.) PW-1, Smti Birchi Chowra wife of deceased. Chutu Chowra is the sole eye witness and also is the sister of the accused. The witness stated that on the night of the occurrence the accused came to their house as a guest. After the night meal all of them retired to theft beds, including the accused, and after some time the accused reached to the room of his sister and brother-in-law. There was an altercation between the accused and her husband and thereafter both of them went to their respective places. According to this witness when her husband was asleep the accused came and hit on his head with a bottle and also hit in different parts of his body with broken bottle. When the occurrence took place and open lamp was burning. The accused assaulted with the broken bottle to the deceased and when she offered her resistence she was also assaulted. The witness deposed that the deceased died because of the assault of the accused.