Point of Law: Although the accused had the intent to kill, yet, the assault was the out-come of a sudden quarrel, made in a heat of passion and without any premeditation

JUDGMENT :

Suman Shyam, J.

1. Heard Mrs. M.D. Choudhury, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the informant.

2. The instant appeal has been filed assailing the judgment and order dated 25/06/2015 passed by the learned District and Sessions Judge, Udalguri in connection with Sessions Case No. 108(U)/2014, convicting the sole appellant under section 302/324 of the IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 2000/-, in default, to suffer rigorous imprisonment for 2 (two) months for the offence charged under Section 302 IPC and had also sentenced him to undergo rigorous imprisonment for one year for the offence charged under section 324 IPC. Both the sentences were to run concurrently.

3. The prosecution case, in a nutshell, is that on 30/05/2014, at about 10 a.m., the accused had hacked the victim with a ‘beki dao’ on several parts of her body, as a result of which, she had sustained grievous injuries and died after some time.

4. On 30/05/2014, an ejahar was lodged by the younger brother of the deceased before the Officer-in-Charge of Mazbat Police Station, Mazbat, reporting the incident. Based on the said ejahar, Mazbat Police Station case No. 26/2014 was registered under section 326/302 of the IPC and the matter was taken up for investigation by the police. After completion of usual investigation, charge sheet was laid against the accused. Based on the charge sheet, charge under section 326/302 IPC was framed against the accused and the same was read over and explained to him. But since the accused had pleaded innocence and claimed to be tried, the matter went up for trial.

5. The prosecution case is based on the testimony of two eye witnesses who had seen the occurrence. There is also an injured witness i.e. husband of the deceased. In order to bring home the murder charge, the prosecution side had examined as many as 19 witnesses. After conclusion of recording of evidence of prosecution witnesses, the statement of accused was recorded under Section 313 Cr.P.c. The case of the accused was one of total denial. However, the defense side did not adduce any evidence.

6. PW-1 Sri Ranjit Nath is the informant in this case. He did not see the occurrence but came to know about it from his sister-in-law i.e. the wife of the accused, who had gone to the house of the deceased on that day and seen the victim being cut by her husband. On getting the information, the PW-1 immediately came running to the house of the deceased but as soon as he reached there, his elder sister had died. On seeing cut injuries on his brother-in-law's (husband of the victim) hand, he rushed him to the Udalguri Hospital. PW-1 has stated that he had lodged the ejahar on the same day.

7. PW-2 Smt. Damayanti Nath is one of the eye witnesses in this case. According to PW-2, there was a boundary dispute over land between the accused person and the deceased. PW-2 has deposed that the incident took place at around 10-30 a.m. and just before the incident, some guests had arrived .They had asked the accused and the deceased not to quarrel. The PW-2 was called to serve a cup of tea. So she went to the place of the deceased. The deceased was to bring fire wood for preparing tea. One piece of fire wood fell on the ground. When the deceased went to pick up the fire wood, the accused came there and dealt a 'dao' blow on the chest of the deceased. This witness has also emphatically deposed that she saw the incident herself and at that time, her 2 ½ years old child was on her lap. Fearing that the 'dao' blow might fall on her baby, she stepped back and later, out of fear, came home crying. The police took her to the Magistrate and got her statement recorded. During her cross examination, the testimony of this witness could not be shaken.

8. PW-3 Sri Laba Kumar Sarma is a neighbour of the accused. He has also deposed that