GANESH BAHADUR KHAWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal directed against the judgment of conviction dated 24.07.1998 and order of sentence dated 27.07.1998 passed by learned Additional Sessions Judge, 1st Court, Siliguri under section 302 of the IPC sentencing the appellant to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- in default to suffer rigorous imprisonment for two years in Sessions Case No. 19(5)/1996 corresponding to Sessions Trial No.4/96.

(2.) The facts were these: The wife of the deceased Smt. Lila Tamang lodged a written complaint with the O.C. Sukna Police Outpost at 3.25 p.m. on 2.6.1996 alleging that at 2.30 p.m. on 2.6.1996 when her husband Ganey Bahadur Tamang had gone to the house of the appellant who lived in the same locality as that of her the appellant hit her husband by an axe on his head and thereby caused his death. The appellant who started fleeing away from his house where murder of her husband was committed was apprehended by the villagers and then tied with a mango tree as a result of which the appellant sustained injuries in his legs.

(3.) Inquest was held by P.W.16 S.I., Swapan Kumar Ghosh at 5 p.m. on 2.6.1996 in the room of the appellant where deadbody was found lying on the earthen floor of the house and one deep wound 3" with active bleeding on the backside of head was noticed. P.W.14 Dr. Saibal Gupta directed P.W.15 Dr. Biswanath Kahali to conduct post-mortem examination on the body of the deceased and he was present at 3 p.m. on 2.6.1996 when P.W.15 Dr. Kahali conducted the post-mortem examination. Dr. Kahali (P.W.15) proves the post-mortem report (Ext. 9) and found the following injuries : "One chop wound (incised wound with bruised margin caused by any sharp-cutting weapon with sharp edge), 4" x 0.8" x bone deep placed on the postero-lateral side of scalp in left side obliquely extending from left parietal eminence to mastoid process over left temporal region. The scalp hairs structures of scalp including muscles vessels and nerves were cleanly cut, therewith incised sharp regular bruised margin. Evidence of clean cut over left parietal and temporal bone noticed measuring 2.8" x 0.3" x 0.2" (only involving outer table)."