GHANASHYAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant stood trial before the Sessions Judge, Kamrup for the offence of killing one Gobinda Das with a "khukri" (sharp-cutting weapon) in Village Baruapara on the night of 7.07.1990 at about 9 p.m. The appellant was convicted u/s. 302 of the Indian Penal Code and sentenced to life imprisonment. On appeal by the accused, the High Court confirmed the conviction and sentence. Hence this further appeal to this Court.

(2.) The informant Rabin Das, who is examined as PW 4 came out of the house of one Bhabani Sarma with the deceased on the night of 7.07.1990 at about 9 p.m. and they were proceeding to their respective houses in two different directions, the deceased by a bicycle and PW 4 on foot. A short while thereafter, PW 4 heard the screams of the deceased. Then PW 4 rushed back to the spot and found Gobinda Das lying in an injured condition. By the time he was taken to the hospital, he was declared dead. PW 4 got the FIR (Ext. 1) lodged in the police station at Chaygaon on the same night. In the FIR it was mentioned by PW 4 that:

(3.) The post-mortem revealed several incised wounds, one on the left side of the neck 8.5 cm x 5.5 cm bone-deep resulting in incision of 4th cervical vertebra, an incised wound 11 cm x 4.5 cm x 2.5 cm on the left side of the cheek, incised wound 14 cm x 2 cm x 3 cm muscle-deep above the left ear in the parietal region and other incised wounds over the vertex, etc. The cause of death was found to be haemorrhage and shock as a result of injuries caused by a sharp-cutting weapon. The medical officer opined that injuries could be caused by a khukri.