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2008 Supreme(SC) 484

S.B.SINHA, DALVEER BHANDARI
Dinesh Borthakur – Appellant
Versus
State of Assam – Respondent


JUDGMENT:

S.B. Sinha, J.


1. Appellant was convicted and sentenced to undergo rigorous imprisonment for life on the charge of murder of his wife Mala Borthakur and adopted daughter Munni @ Mayuri. He was residing with the first deceased at Sibnath Bhattacharya Lane, Chiring Chapari in the town of Dibrugarh.

2. He is an Engineer by profession. At about 4.00/5.00 p.m. on 25.5.1999, when he returned from his place of work, he allegedly knocked the main door of the house. There was no response. He called his immediate neighbour Pranab Kumar Borah (PW1).

3. PW1, whose house is separated only by a wall, opened the window and asked him as to what had happened. To that the appellant allegedly replied "they are not opening the door". He responded thereto saying that "they are perhaps sleeping". He went to the rear side of the premises. He found the same open.

4. He was heard shouting loudly calling the name of his daughter Munni and wife Mala several times. He found his wife and daughter lying dead on separate beds. After a few minutes, Appellant called PW1 again shouting "Boruah! Boruah!". On his query as to what had happened, he asked him to come and have a look. PW1 found the wife of the de


























































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