BABUL KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Out of four persons arraigned for the offence under Section 302 read with Section 34 of the Indian Penal Code the trial Court convicted two persons, who were arrayed as A-1 (Babul) and A-4 (Tileswar), the other two persons who were arrayed as A-2 (Satin) and A-3 (Nagen), were given the benefit of doubt and they were acquitted. The High Court confirmed the conviction and sentence passed on the convicted persons and they filed this appeal by special leave.

(2.) The case relates to the murder of Anu Ram Kalita, who was an old man of 78 years. He is murdered at 7.30 p.m. on 21-9-1988 in front of his house. The prosecution case is that he was coming from a market and while nearing his house the assailants stabbed him with daggers. Though he could survive for a short period and in the meanwhile he mentioned to those who reached the spot as to what happened. He later succumbed to his injuries.

(3.) PW 5, who conducted the post mortem examination has stated that the deceased had the following injuries: