(1.) This is an appeal against the order of acquittal made on 11/9/1981 by the Sessions Judge Kamrup acquitting the accused Ramdeo alias Prabhu Singh of the charge of murder punishable under Section 302, I.P.C.
(2.) The case of the prosecution is that on the night of 7/6/1980 at about 10 P.M. the deceased Debraj Rai, who was a labourer in Military Supply Corps at Udiyana under Rangia Police Station, was returning home after taking meal at place. On the way the accused Ramdeo alias Prabhu Singh attacked and assaulted him with an iron rod. Debraj receiving several injuries, but somehow he came to Kalita Hotel. Thereafter, he was taken to the Police Station. From the Police Station, he was again taken to Hospital. As the condition of the deceased became serious he was taken to Gahuati Medical College Hospital but on the way he succumbed t6 his injuries. The Sessions Judge framed charge against the accused under Section 302, I.P.C. On trial the Sessions Judge found the accused not guilty and acquitted him of the charge. Hence this appeal by the State.
(3.) The prosecution relied only on the dying declaration made by the deceased, viz, the dying declaration made to and recorded by the Investigating Officer (P.W. 8) in the case diary (Ext.-5) and that made to P.W: 3 Prasanna Kalita, P.W. 5 Rahim Ali and P.W. 7 Dhanraj Rai.