BIJU BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order, dated 22.08.2006, passed, in Sessions Case No. 131 of 2005, by the learned Sessions Judge, Dibrugarh, convicting the accused-appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and pay fine of Rs. 2,000/- and, in default of payment of fine, suffer imprisonment for a period of 1 (one) month.

(2.) THE case of the prosecution, as emerged at the trial, may, in brief, be described thus: Deceased Nagen Bhumij was elder brother of PW1 (Binod Bhumij), who used to live with his wife, Champa Bhumij, his son, accused Biju Bhumij, and his elder brother, Nagen Bhumij (since deceased), in one and the same house. On 01.01.2004, at about 08:30 PM, the accused gave blows, by means of dao, on Nagen Bhumij and killed him on the spot. PW1, then, accompanied by his wife, Champa, went to the VDP President, Naba Bora (PW4) and informed him that their son, Biju Bhumij, had killed his uncle, Nagen Bhumij, by assaulting him with a dao. PW4 accordingly came to the house of PW1 and found Nagen Bhumij lying dead on the floor, whereupon he informed the local police, over telephone, about the occurrence. This was followed by lodging of an Ejahar, at Naharkatia Police Station, by PW1, the Ejahar having been written by PW2 (Santiyal Araya). Treating the said Ejahar as First Information Report (in short 'FIR'), Naharkatia Police Station Case No. 1/2004, under Section 302 IPC, was registered against the accused-appellant. During investigation, police visited the place of occurrence, held inquest over the said dead body and seized a blood stained dao by seizure list, which is Ext.3. THE dead body was subjected to post mortem examination, and, on completion of investigation, police laid charge-sheet, under Section 302 IPC, against the accused.

(3.) BEFORE entering into the discussion of the various incriminating pieces of evidence, which have been relied upon by the learned trial Court in arriving at the conclusion of the guilt of the accused, we refer to the medical evidence on record. We notice that, according to the doctor (PW8), who had, admittedly, performed, on 02.04.2004, the post mortem examination on the dead body of Nagen Bhumij, he found, according to his evidence, as follows: "A male dead body of average built wearing one red full sweater, sporting ganji, grey trouser, all were blood stained. Rigor mortis was present in all limbs. P.M. hypotension back. Injuries: One incised wound measuring 5 x1.5 cm on front of the neck placed horizontally in the middle part over the lower part of the larynx. The larynx is found incised. The muscles, nerves, carotid vessels on front of the neck on both sides incised. Abrasions incised measuring 3 x 0.5 cm, 2 x 0.5 cm present on middle left forehead. Incised wound measuring 6 x 1 cm bone deep on right parietal area. Incised wound measuring 3 x 1 cm bone deep on left parietal area. Examination of abdomen ­ all were healthy and pale. Small intestine was pale, contains digested fluidly materials. Examination of thorax ­ all were healthy and pale. Examination of cranium and canal ­ scalp was incised. Others were health."