SHER BAHADUR NEWAR Vs. STATE OF ASSAM AND ANR
HIGH COURT OF GAUHATI
Sher Bahadur Newar
STATE OF ASSAM And ANR
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Ajit Singh, C. J. -
(1.) The appellant, namely, Sher Bahadur Newar has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.30,000/- with default stipulation.
(2.) The victim of the incident was Ratneswar Bahadur Roy @ Ratna Bahadur Roy, aged about 65 years. He was resident of village Ladoigarh within the district of Sivasagar, Assam and was a co-villager of the appellant.
(3.) According to the prosecution case, Ratna Bahadur Roy used to stay in his house with his two workers Kasta Praja (PW-8) and Rupeswari Praja (PW-9)-wife of Kasta Praja. On 17.09.2008, Ratna Bahadur Roy decided to sleep outside in the veranda whereas both Kasta Praja and Rupeswari Praja slept inside the house. But at about 11.00 p.m., Kasta Praja found Ratna Bahadur Roy dead on his bed in a pool of blood with multiple cut injuries on his head. Kasta Praja and Rupeswari Praja being horrified immediately rushed to the house of Prem Bahadur Chetry (PW-2) and informed him about the occurrence. Then Kasta Praja and Prem Bahadur Chetry together went to the house of Dil Bahadur Newar (PW-1), Village Defence Party Secretary and informed him also about the incident. Dil Bahadur Newar in turn lodged First Information Report Exhibit-1 at Namtola Police Check-post stating inter-alia that the villagers had informed him about the death of Ratna Bahadur Roy due to hacking with a dao by some unknown person. The same was subsequently registered at Sonai Police Station vide Case No. 209/2008. In the meantime, hearing about the horrific crime other villagers also gathered at the place of occurrence.;
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