Decided on May 22,2018

Bogai Saikia Appellant
STATE OF ASSAM Respondents


Ajit Singh, J. - (1.) The sole appellant Bogai Saikia has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2000/- with default stipulation.
(2.) The victim of the incident was Jiban Saikia, aged 37 years. He was also the elder brother of appellant.
(3.) According to the prosecution case, Suren Saikia (PW-7) lived in his house at Ahom Gaon with daughters Junu Bora (PW-1) and Mousumi Saikia (PW-8). The appellant, who is younger son of Suren Saikia, also lived with them. But Jiban Saikia, elder son of Suren Saikia, lived separately in another house with his wife Makhoni Saikia (PW-3). Jiban Sakia was made to live separately because he often used to quarrel with Suren Saikia over partition of property. And it was Suren Saikia who constructed a separate house for Jiban Saikia. On 24.1.2010, at about 10 AM, Jiban Saikia, armed with an axe, came to the house of Suren Saikia and threatened the inmates with dire consequences. Seeing Jiban Saikia in such a state, Suren Saikia, Junu Bora and Mousumi Saikia ran away. Only appellant stayed back in the house. Thereafter, a quarrel took place between the appellant and Jiban Saikia. The appellant in a fit of anger, gave a fatal blow on the head of Jiban Saikia with a crowbar, due to which, he died. The First Information Report of the incident was lodged by Makhoni Saikia at Police Station Golaghat. The Station House Officer - Md. Abdus Salam (PW-9) immediately rushed to the place of occurrence and found the dead body of Jiban Saikia lying inside the house of Suren Saikia. He also seized one crowbar and one axe lying near the dead body vide Seizure Memo Exhibit 3.;

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