DHANU MAJI MARDI Vs. STATE OF ASSAM

JUDGEMENT

(1.) (Oral)- Basen Hasda was murdered in the night of 27.6.1986. Accused Dhanu Maji Mardi had been convicted under-section 302, Penal Code for causing death of Basen Hasda vide Judgment dated 23.6.89 passed by the Sessions Judge, Nalbari in Sessions Case No. 37 (N) 88. Hence this appeal.

(2.) There was no dispute on the fact of death of Basen Hasda in the house of accused Dhanu Maji in the night of 27.6.86 at about 8 P.M. PW6 Dr. Upendra Nath Thakuria held post mortem examination on the dead body of Basen Hasda, Six lacerated cut wounds found on the person of the deceased. All the wounds are placed on the head and face. The skull on temporal region and, forehead fractured causing injury to the membrane and brain. Bones underlying cheek and eye-brow also fractured. The wounds were ante-mortem. The doctor opined that the death was caused due to shock and haemorrhage as a result of injuries sustained. The nature of the injuries clearly indicate that heavy weapon like axe had been used with full force. The trial court accepted the opinion of the doctor. We fully endorse the views taken by the trial court in view of the nature of the inquiries and accept the opinion of the medical expert.

(3.) The prosecution relied on the evidence of three witnesses. They are P.W. 2 Mahendra Hajda, son of the deceased and PW 1 Ram Murmu, an independent person and PW-3 Smt Phulmani Mardi., wife of the deceased. The prosecution case was that accused Dhanu came to the house of the deceased Basen and took him to his house. PW - 2 son of Basen accompanied father.. Accused dealt blow with an axe on Basen and PW-2 ran away seeing his father being assaulted with an axe and reported to his mother PW-3. After sometime accused visited house of PW-1 and reported him that he killed Basen Hasda at his house. PW -1 came and saw the dead body lying with injuries.