Decided on April 10,2018

Mantu Majhi And Anr. Appellant
The State Of Assam And Anr. Respondents


AJIT SINGH,J. - (1.) The two appellants, namely, Mantu Majhi and Anima Majhi have been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 3,000/- each, with default stipulation.
(2.) The victim of the incident was Ruhit Kalandi, aged about 28 years.
(3.) Facts in short are these. The appellants Mantu and Anima are husband and wife. Their house was contagious with the house of Ruhit in village Mailbellia District Jorhat. On 28.5.2012, at about 7 p.m., Mantu went to the house of Ruhit and asked him to come to his house to have some discussion. Ruhit then accompanied Mantu to the latter's house. After sometime, when Ruhit did not return home, his wife Dipali Kalandi (PW-1) naturally became anxious. She, therefore, sent Ruhit's sister Pratima Kalandi (PW-2) to the house of Mantu to call him. When Pratima reached there, she saw Mantu repeatedly giving blows to Ruhit with a dao severely injuring him. Due to such repeated assaults, Ruhit fell on the ground bleeding profusely whereafter he died on the spot. One finger of Ruhit was also found to be chopped off from his body. On seeing the occurrence, Pratima raised hue and cry, hearing which, Dipali, Bhim Kalandi (PW-3), Tulshi Kalandi (PW-4), Promila Kalandi (PW-5) and Binod Kalandi (PW-6) rushed to the place of occurrence. There they saw the dead body of Ruhit lying in the courtyard of Mantu. They also saw Mantu holding a naga dao in his hand and resisting everyone from entering his house by threatening them with dire consequences. Dipali then lodged ejahar Exhibit 1 at Police Out Post Deberapara falling within the jurisdiction of Police Station Mariani. Sub Inspector Mayurjit Gogoi (PW-7) responded by immediately rushing to the house of Mantu. There he found Mantu with a naga dao in his hand, which he seized vide Exhbit-1. He also found the dead body of Ruhit having multiple grievous injuries in the house of Mantu. Mayurjit Gogoi, thereafter, arrested both Mantu and Anima and referred the dead body of Ruhit for post mortem examination.;

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