SUJIT KISHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellant was convicted of an offence under Section 302 of the IPC by the Sessions Judge, Tinsukia in Sessions Case No. 86(T)/2004 decided on 25-8-2005. He is said to have caused the murder of Sunil Karmakar by assaulting him with an axe on 20-12-2003 some time in the evening around 6 p.m. This appeal is directed against his conviction and sentence.

(2.) The alleged assault by the Appellant was witnessed by PW-2 Pradip Kishan, PW-5 Kunal Kishan, PW-6 Dukhan Jena and PW-3 Gangadhar Gorh.

(3.) It appears that PW-3 Gangadhar Gorh is a vendor of snacks and at that time the other three eye witnesses were taking some pakories at his stall when they saw the victim passing by the house of the Appellant. Suddenly the Appellant came out of his house with an axe in his hand and attacked the victim and dealt him some severe blows and ran away from there. PW-5 Kunal Kishan, the nephew of the victim, ran to the victim's house, which was close by, and informed his wife of the incident and she came rushing to the place of occurrence.