AMBARAM HALOI Vs. THE STATE

JUDGEMENT

(1.) AMBARAM Haloi, appellant, was found guilty under Section 307, I.P.C., and was sentenced to 10 years' R.I. The trial was with the aid of a Jury.

(2.) STATED briefly the prosecution case was that Titaram, complainant, and Ambaram, accused, belonged to two rival factions, of the village. There was a fight between the two parties a few months before the occurrence in question. In this light one man from each side was killed. The case arising out o £ that transaction was pending at the time of the trial in this case. It is said that Ambaram, accused, was not present at the time of that fight. He came back to the village some 15 days before the occurrence in question and since then was threatening to take revenge. On the 4th October 1950, Titaram, after taking his evening meal, went out of his house. He was going to the house of Prabin. The house of Prabin was at a short distance. He was carrying a 'Saki' (lamp) in his hand. He sat down to pass urine behind the house of a relation of his. This house was at one end of his own court -yard. Just when he was rising, he was struck with a 'dao' on his neck from behind. He turned round & saw Ambaram with a 'dao' and two others, Rajendra Haloi and Biseswar Haloi. (These two were also tried for abetment under Section 307/114, I.P.C., and were acquitted.) Titaram raised the alarm. He shouted that Ambaram had injured him with a 'dao'. He was about to fall down when P.Ws. Dharani and Sarat, both his relatives, came and lent him support. He felt dazed. Others also collected. He was then taken to a distance of about 10 or 12 cubits to the court -yard of Prabin as the place where the occurrence had taken place was not open. Rajat, Britti, Jatish, Kamini and other neighbours also arrived there.

(3.) AMBARAM denied the charge and pleaded not guilty. His case was that he did not assault the complainant as alleged. Titaram, it was suggested, was a man of bad character and may have been Injured by someone while he was on his way to the house of Prabin where he was going to commit adultery.