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2016 DIGILAW 677 (GAU)

Mangra Mura v. State of Assam

2016-07-25

AJIT SINGH, SUMAN SHYAM

body2016
JUDGMENT : Ajit Singh, J. The sole appellant Mangra Mura has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/- with default stipulation. 2. The victim of the incident was Kalu Sabor, aged 30 years. 3. According to the prosecution case, on 3.5.2003, at about 8 PM, the appellant committed the murder of Kalu Sabor by causing injury with a dao. The incident was witnessed by Lalu Sabor (PW-1), brother of Kalu Sabor. Lalu Sabor had carried Kalu Sabor to a hospital in an injured state, but there he succumbed to his injuries. Lalu Sabor then lodged the ejahar on 4.5.2003 at Kakopathar Police Station, District Tinsukia. The ejahar was forwarded to Doomdooma Police Station, because the incident fell under its jurisdiction. The ejahar of Lalu Sabor is Exhibit-3. Girin Sonowal (PW-5) was attached officer at Doomdooma Police Station. He prepared the inquest on the dead body. He then sent the body to the Assam Medical College & Hospital, Dibrugarh for post mortem examination. Girin Sonowal, during investigation, seized one dao from the possession of appellant in the presence of witness Puneswar Sabor (PW-3). The seizure of dao is exhibit 1. 4. Dr. BC Roy Medhi (PW-4), in his post mortem examination report Exhibit-2, has opined that cause of death of Kalu Sabor was cut injury on his neck. The doctor has also opined that the injury was ante mortem and had been caused by heavy sharp cutting weapon. 5. During the trial, the appellant abjured his guilt and pleaded false implication. He, however, did not examine any witness in defence. 6. The trial court, replying upon the evidence of eye witness, Lalu Sabor, convicted and sentenced the appellant as aforesaid. 7. As mentioned above, Lalu Sabor is brother of Kalu Sabor. We have, therefore, examined his evidence more carefully. Lalu Sabor has testified that on the date of incident, he was in his house and on hearing a commotion on the road, he came out. According to his evidence, he then saw the appellant giving a blow on the neck of Kalu Sabor with a dao. Lalu Sabor has testified that on seeing him, the appellant fled from the place of occurrence. According to the evidence of Lalu Sabor, Kalu Sabor was taken to the Hospital, but he could not survive. According to his evidence, he then saw the appellant giving a blow on the neck of Kalu Sabor with a dao. Lalu Sabor has testified that on seeing him, the appellant fled from the place of occurrence. According to the evidence of Lalu Sabor, Kalu Sabor was taken to the Hospital, but he could not survive. In his brief cross examination, Lalu Sabor has clarified that he recognized the appellant in the moonlight and that he had submitted a written ejahar about the incident at the police station which was first read over to him. He also honestly deposed that he did not know the reason of quarrel and also why appellant caused the fatal blow to Kalu Sabor because he was inside the house when the quarrel started. In the cross examination, no suggestion was made to Lalu Sabor why he would falsely implicate the appellant. The evidence of Lalu Sabor stands substantially corroborated by the ejahar lodged promptly by Lalu Sabor wherein appellant is categorically named as assailant of Kalu Sabor. Even the post mortem examination report fully corroborates his evidence. There is, thus, ample reliable evidence against the appellant to confirm his conviction and sentence as passed by the trial court. 8. The appeal has no merit and is accordingly dismissed.