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2016 DIGILAW 647 (GAU)

Raj Mirdha v. State of Assam

2016-07-19

AJIT SINGH, SUMAN SHYAM

body2016
JUDGMENT : Ajit Singh, J. The sole appellant Raj Mirdha has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 3,000/- with default stipulation. 2. The victim of the incident is Makar Mirdha. He was aged about 30 years on the date of incident. He was also brother of the appellant. 3. According to the prosecution case, Tulshi PW 2 lived together with her appellant son and his wife Laxmi Mirdha PW 4. Another son Mohan Mirdha also lived with Tulshi. Her victim son Makar however lived separately in a nearby house along with his wife Kalpana Mirdha PW 3. On 20.2.2011, at about 8 PM, Tulshi was having meal in her house with Mohan. At that time, the appellant, who was drunk and armed with a dao, asked for Rs.200/- from Tulshi. And on refusal by Tulshi, the appellant rebuked her. He also started swirling the dao indiscriminately. Seeing this, Tulshi raised an alarm, Makar, on hearing the commotion, came to the house of Tulshi, whereafter a quarrel took place between him and the appellant. The appellant then dealt a blow with a dao on the neck of Makar due to which he fell down and died on the spot. Kalpana Mirdha PW 3 lodged ejahar Exhibit 3 at Deberapar Police Out-Post of Police Station Mariani on 21.2.2011. The police, on reaching the house of appellant, prepared the inquest report Exhibit 5 and also seized the dao vide Exhibit 2. 4. Dr. Tapan Das PW1 conducted the post mortem examination on the dead body of Makar. He found chop injury 13cm x 7cm x bone deep on the left side of the neck extending from back to front. The doctor also found that skin, sub-cutaneous tissues, muscles, blood vessels and nerves were cut. The doctor further found even C7 vertebra was cut with transaction of the spinal cord. According to the opinion of Doctor, in his post mortem examination report Exhibit 1, cause of death of Makar was due to chop injury in the neck which was ante mortem and caused by a heavy sharp cutting weapon. 5. The doctor further found even C7 vertebra was cut with transaction of the spinal cord. According to the opinion of Doctor, in his post mortem examination report Exhibit 1, cause of death of Makar was due to chop injury in the neck which was ante mortem and caused by a heavy sharp cutting weapon. 5. During the trial, the appellant while being examined as an accused under Section 313 of the Code of Criminal Procedure admitted that he had caused the fatal injury on the neck of Makar with a dao which resulted into his death. 6. As mentioned above, Tulshi is mother of the appellant and also of victim Makar. She is an eye witness to the incident. She has categorically testified that the appellant right in front of her, dealt a blow with a dao on the neck of Makar due to which he died on the spot. According to the evidence of Tulshi, the incident took place in her house in which appellant also lived with his wife. Kalpana is wife of Makar. According to her evidence, she lived with Makar in a house situated near the house of appellant and Tulshi. Kalpana has testified that on hearing the hue and cry from the house of appellant, Makar went there and when she also reached, she found Makar lying on the floor with a cut injury on his neck. Kalpana has further testified that Tulshi informed her that appellant had caused neck injury to Makar with a dao. Kalpana admits to have lodged the ejahar against the appellant. Similar is the evidence of Laxmi Mirdha PW 4, wife of appellant. She has admitted the presence of appellant in the house at the time of incident and also that there was a quarrel between him and Makar. Apart from the evidence of eye witness Tulshi, there is also a clear admission by the appellant while being examined as an accused that he had dealt a blow on the neck of Makar with a dao which resulted into his death. On scanning of evidence of Tulshi, we find her to be a truthful and reliable witness. Her evidence also stands substantially corroborated by the post mortem examination report of Makar. 7. On scanning of evidence of Tulshi, we find her to be a truthful and reliable witness. Her evidence also stands substantially corroborated by the post mortem examination report of Makar. 7. There is yet another evidence against the appellant in the form of seizure of dao from his house by the Investigating Officer Protim Gogoi PW 6 in the presence of witness Babu Mirdha PW 5. Babu has identified the dao in the court as a weapon that was seized from the house of appellant. 8. The prosecution has thus succeeded in proving the case beyond reasonable doubt against the appellant that he alone was the perpetrator of crime. 9. The appeal has no merit and is accordingly dismissed.