LAWS(GAU)-2019-4-166

ANANTA HAZARIKA Vs. STATE OF ASSAM

Decided On April 10, 2019
Ananta Hazarika Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. K.A. Mazumdar, learned amicus curiae for the appellant and Mr. M. Phukan, learned Addl. P.P. for the State of Assam.

(2.) An ejahar dated 10.02.2014 was lodged by one Manoranjan Bora, son of Bhabesh Bora, stating that at about 11 AM on the given date, his neighbor Bijit Bora had informed over phone that something had happened to his elder sister. Thereafter he went to the house of his elder sister at Kachagoral and saw her dead body lying on the floor of the room. Upon enquiry, the neighborhood people replied that they did not know anything about the incident. In the ejahar, the informant stated that he suspected that his brother-in-law Ananta Hazarika had killed his elder sister.

(3.) The informant Manoranjan Bora while deposing as PW-1 stated that there were frequent demand of dowry money from the elder sister and she was threatened by the accused/appellant to go an bring money from her parents. It was also deposed that there were frequent quarrels between the accused and the deceased. The witness reiterated the statement made in the ejahar that he came to know about the incident from one Bijit Bora over phone that something had happened to his elder sister and therefore he was required to go there. Upon receiving the information, he along with his father went to the residence of the accused and saw the dead body of his elder sister. It was also deposed that upon enquiry the villager replied that they were ignorant about the matter. The witness stated that he only suspected that the accused brother-in-law had committed the offence. In cross, the witness stated that the accused had visited his residence prior to the occurrence and the accused and his elder sister were seen in the shop premises off and on. He further stated that he had filed the ejahar only on suspicion.