BUDHESWAR KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) Three blows on the head with a bamboo lathi, leading to the death of the brother of PW-1, witnessed by him and his wife, PW-5, led to the conviction of the appellant under Sec. 302 of the Indian Penal Code, 1860[For short, 'the IPC'] with a sentence of life imprisonment. The High Court confirmed the conviction and sentence in appeal, against which the present appeal is preferred.

(3.) That the death occurred due to the injuries sustained by the deceased on the head has been established through PW-2, the Doctor who conducted the postmortem. The lacerated injuries, three in number were on the head, measuring respectively 2 inches on the right side, 1 % inches on the middle part and 3 inches on the lower back of the head. The postmortem report emphasized the underlying collection of blood and fracture of skull bone.