NANDESWAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is direct -ed against the order and judgment dated 14 -9 -1981 in Sessions Case No.21 (NL)/79 of Sessions Judge, Lakhimpur, by which the accused Nandeswar Kalita, was convicted for offence of murder puni -shable under Section 302, Penal Code, and sentenced to suffer R.I. for life.

(2.) THE prosecution case may be stated in brief. Smt. Saruaity Das, aged about 40 years, after the death of her husband, took the accused, Nandeswar Kalita, aged about 20 years, as her second husband, and they lived together in the house of the former since some months prior to the occurrence. The oc -currence took place on 19 -10 -1978 at about 7 -00 a.m. Smt. Saruaity Das had four children by her first husband. Habang Das, the deceased, was her youngest child, aged about 4 years, at the time of occurrence. On the day of occurrence in the morning, Bagai Das elder brother of the deceased, who was aged 6 years, at the time of the occur -rence, was soothing his younger brother Habang Das, keeping him in his lap as the child was crying. Nandeswar, ac -cused, all on a sudden gave a kick on the back of Bagai and snatched away the child from his lap and threw him on the courtyard. Again, the accused took up the child and threw him on the courtyard, as a result of which the child became unconscious. Bagai Das went near his brother who found the child dead. Bagai Das raised alarm, when his mother Smt. Saruaity Das, who was doing household works inside the house, rushed out on hearing the alarm and found the child Habang lying on the courtyard and the accused Nandeswar standing nearby. She found her son Bagai Das standing there and weeping. She took up the child and gave him nursing, but found the child almost dead. Smt. Joymati Das, next door neighbour, rushed to the place of occurrence on hearing Hulla. Both Bagai Das and Smt. Saruaity Das narrated to her about the incident. The accused had disappeared by then and he had not returned home since then. He was ar -rested by the police about five months after. On the next day of the occur -rence, an information was lodged by one Bhagabanta Das to the O/C of Bihpuria Police Station. The O/C register -ed a case and took up the investigation. In the course of investigation, he held inquest over the dead body and arrang -ed for autopsy on the dead body by the Medical Officer. The Medical Officer, who held autopsy on the dead body on 21 -10 -1978 found injuries on the brain and memberance, and he opined that death was due to shock as a result of the head injury. The Investigating Officer examined some witnesses; and having found prima facie case, he sub -mitted charge -sheet against the accused, to stand his trial under Section 302, Penal Code.

(3.) THE accused was tried before the learned Sessions Judge, Lakhimpur, for offence of murder punishable under Sec -tion 302 Penal Code. The accused pleaded not guilty to the charge but produced, no defence witness. The pro -secution examined as many as 7 wit -nesses to establish its case against the accused. The learned Sessions Judge found the accused guilty for the offence with which he was charged, and con -victed and sentenced him as aforesaid.