RAMESH NARAYAN ALIAS ANDI Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Andaman and Nicobar Islands, Port Blair on 31st March, 1998 in Sessions Case No. 8 of 1994 giving conviction under Section 302 of the Indian Penal Code, sentencing the accused to life imprisonment. The appeal is preferred by the accused making various grounds including that the order of conviction and sentence to undergo rigorous imprisonment for life in the abovesaid Sessions case passed by the learned Sessions Judge is bad in law and inoperative.

(2.) Although the defence case was otherwise, but Mr. S. K. Mondal the learned Counsel appearing for the accused submitted that they are only relying upon the prosecution's case that the offender is punishable under Section 302 of the Indian Penal Code and the judgment of trial Court to that extent is, according to him erroneous.

(3.) In support of his contentions Mr. Mondal has drawn our attention to the observation of the concluding portion of the judgment being paragraph 56 therein which speaks "In view of the discussions in the foregoing paragraphs it is established beyond all reasonable doubt that on 13th October, 1992 at about 7 p.m. the accused Ramesh Narayan alias Andi, the victim Satti Narain alias Satti and others were gambling at the Bimblitan Chowk; that in course of that gambling there was hot altercation between the accused and the deceased Sathyanarayan and in course of that altercation, the accused assaulted Sathyanarayan alias Satti with a heavy straight DAH on the right shoulder causing incised injury over shoulder joint extending from medial side of right clavicle up to shoulder joint extending up to right nipple measuring about 8" incised, the depth was up to the pleura of the lung with sharp cut fracture of right clavicle bone, first and second ribs and causing the cut of right pleura, all underlying vessels and the death of Sathyanarayan was caused due to haemorrhagic shock following deep incised injury and that the injury was homicidal and ante-mortem in nature. Immediately thereafter the accused was found to surrender himself with the DAH having blood-stains and having blood-stains on the weaving towel.