SIR SANKARLAL MAHESREE Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral)- The appellant was found guilty under section 304 Part I Penal Code by the learned Sessions Judge, Jorhat and he was convicted and sentenced to 10 years rigorous imprisonment and fine of Rs. 5000.00. It is stated at the bar that fine of Rs. 5000.00 has already been paid.

(2.) Briefly stated, the prosecution story is that on 31.3.77 at about 9.30 A.M. there was an altercation between the family members of the accused and the complainants party. They are all related and father of the accused is the brother of the father of the deceased and they were living in the adjacent houses. On the date of occurrence it was raining heavily and as the accused, his father Indra Chand and brothers Lakshminarayan and Bhawrilal broke the rain pipe as a result of which the house of the deceased family got flooded. There was altercations and it is alleged by the prosecution that the accuse Sankar and his brother Lakshminarayan and their father Indrachand came to the courtyard of their house. Father of the accused has a lathi in his hand, his brother Bhawrilal an iron rod and accused has a wooden lathi i. e. wooden rod used for locking the door. There was hot exchange of words and the father of the deceased was abused. Then the deceased with bare hand went near the accused party and asked them to assault him. Accused Sankar assaulted deceased on the head with the wooden lathi and thereafter he went inside the house. Deceased fell down. His father went to the police station, lodged the FIR. Thereafter deceased was taken by the police to dispensary and the doctor bandaged the injury on the head and he was brought back home. After sometime his condition became serious and removed to Jorhat Civil Hospital. In the night he succumbed to the injury. Prosecution examined as 9 witnesses including the doctor who conducted post-mortem. The accused pleaded not guilty.

(3.) Material exhibited is he weapon alleged to have been used in the occurrence. From the post-mortem report I find that there was only one external injury which was a lacerated wound under the vertex (head) size 1/4" X 1/4" (deep).