MANESWAR MALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned PP.

(2.) This appeal is directed against the judgment and order dated 7.11.97 passed by the Sessions Judge, Tinsukia, in Sessions Case No. 117 (T) of 1995 (GR Case No. 670/95) whereby the accused-appellant was convicted under section 302, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/- in default further imprisonment for two years.

(3.) The appellant before us Maneswar Mali and the deceased Bamlu Chaura were working as ploughmen in the house of the complainant Umesh Bora of Bokapathar Gaon under Digboi Police Station. They were provided with a room where they were staving together and they were provided free fooding by the employer. The incident took place on 24.5.95 around 7PM. While the deceased Bamlu was taking rest in the room, the accused-appellant Maneswar Mali returned back home with the cattle and asked Bamlu to help him out but the latter refused. Thereafter, Maneswar after completion of his work and after taking his food entered into the room and after some time the employer heard some hulla and came out of his own room and saw accused Maneswar coming out of his house with a dao in his hand and saw the deceased Bamlu lying on the bed with cut injury on the neck. The villagers were informed and thereafter the FIR (Ext 6) was lodged. PW 7 Dr. Rituraj Chaliha who held the autopsy over the dead body and found the following injury on the person of the deceased : Injuries : (1) A clean cut incised wound present in the lower third of the neck on the left side extending to 2 cm on the right side measuring 6 x 2 cm Nerves, blood vessels, muscles, tracheae, oesophagus were all cut and the injury extended to cervical vertebrae. All the components were cut clearly." In the opinion of the doctor, the death of the deceased was due to shock and haemorrhage as a result of the injuries sustained The injuries were ante mortem and homicidal in nature being caused by heavy sharp cutting weapon.