U.L.BHAT, D.N.BARUAH
KABIRAJ TUDU – Appellant
Versus
STATE OF ASSAM – Respondent
Bhat, C. J.:- This is a jail appeal filed by the accused in sessions case No. 94(N)/ 86 on the file of the Sessions Court, Nalbari, who has been convicted under Section 302, I.P.C. and sentenced to undergo imprisonment for life and pay of fine of Rs.1000/- and in default to undergo rigorous imprisonment for six months.
2. Prosecution case is that at about 8.00 a.m. on 29-6-1985 appellant armed with a bow and arrow chased Lakhi Mardi, wife of P.W. 1 and when she reached the paddy field of P.W. 2, he shot an arrow which struck her in the back region of her head and she fell down injured. The occurrence was witnessed by P.W. 2 who was working in the field and P.W. 3, the 8 year son of Lakhi Mardi who was coming behind his mother. P.W. 2 ran away out of fear. P.W.3 ran away and informed his father, P.W. 1, about the occurrence. P.W. 1 came to the scene and with the help of others took his wife to his house where she died. He went to Kumarikata Police Out Post and gave Ext. 1 information to the S. I. of Police in charge, P.W. 4. P.W. 1 sent Ext. 1 to Tamulpur P. S. having jurisdiction over the area, for registration of the case. He was directed to conduct investigation. He proce
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