SRI BINOY GANJU Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment and order dated 17.07.2007 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 86(J -J)/2006 has been assailed in this appeal. The appellant had been convicted under Section 302 IPC and sentenced to undergo imprisonment for life with fine of Rs. 1,000/ - in default of payment of fine further rigorous imprisonment for 6 months. Heard Mr. Rafiqul Islam, learned Amicus Curie and Mr. Z. Kamar, learned Public Prosecutor, Assam for the State.

(2.) THE prosecution case in brief is that on 11.7.2006 at about 6 p.m., the accused Binoy Ganju came to the house of the victim, stabbed her by means of a khukuri. FIR being lodged by the brother of the victim, police registered the case and on completion of investigation submitted the charge sheet under Section 302 IPC.

(3.) DR . Shyamanta Madhab Sarmah conducted the post -mortem examination on the deadbody of deceased Bagi Bhuyan on 12.7.2006 and his findings are as follows: WOUNDS, POSITION, SIZE AND CHARACTER Two deep cut injuries marks observed in front of chest are in right gravity. 1" x 1/2" x 4" penetrating injury. One in middle of chest near medical goarden of right breast of size 1" x 1/2" x 4" penetrating. One more mark of penetrating injury above public symphyxin in mid line 1/2" x 1/2" x 2". Injuries by sharp cutting weapon. PERICARDIUM Medially ruptured and intravasation of blood found. HEART : - Medial wall of ant. right chamber and right ventricle completely ruptured and intravasation of blood found. MORE DETAILED DESCRIPTION OF INJURY OR DISEASE The injuries described are ante -mortem in nature and fatal. In the opinion of doctor, death was due to syncope as a result of hemorrhage and shock. All the injuries were ante -mortem and fatal. He admitted that the mat. Exhibit -1 i.e. seized khukuri, is sufficient to cause the injuries.