NARASINGHA BISOI Vs. STATE

JUDGEMENT

(1.) THIS is a convict's appeal from jail who has been convicted by the Sessions Judge, Koraput, Under Section 302, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for life for having committed the murder of one Lokanath Bisoi by means of a knife (M. O. I). After stating the facts, findings of Court below and contentions of the counsel, His Lordship observed :

(2.) COMING now to the eye -witnesses P. Ws. 2 and 3, we find that both of them have stated that the accused and the deceased picked up quarrel and all on a sudden the accused stabbed the deceased on his neck by a knife which was identified to be M. O. I whereafter the deceased fell down after covering a distance of 30 cubits.

(3.) IN our opinion, the ratio of the aforesaid case has absolutely no application to the facts and circumstances of the present case. The oral evidence in this case is to the effect that the accused stabbed on the neck of the deceased with the knife (M.O. I). Even the doctor in answer to the question from the Court also stated that the injury found on the dead body can be caused by sharp edge of a knife like M. O. I. The only thing on which the counsel for the appellant relies is the statement of the doctor in cross examination that the injury in question cannot be caused by stabbing with M. O. I. The matter has not been further clarified thereafter. The nature of injuries as found by the doctor is that the internal jugular vein, carotid artery and superior thyroid artery were found to be cut on the left side. From the injuries itself, here cannot be any doubt that all these injuries are not possible by one thrust. Why the doctor said that the injuries were not possible by stabbing has not been elicited from him, but possibly because he found the injuries to be an incised one.