SRI PETUKA KHARIA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) THE judgment dated 13.10.2010 passed by the learned Sessions Judge, Jorhat in Sessions Case No. 48 (J -J) of 2009 is under challenge in this appeal. By this impugned judgment the appellant has been convicted under Section 302 of the Indian Penal Code and he has been sentenced to undergo Imprisonment for Life and also to pay fine of Rs. 5,000/ - with default stipulation further RI for two months. Being aggrieved by the conviction and sentence, the appellant has preferred this appeal from jail. Heard M. J. Islam, learned Amicus Curiae for the appellant and Mr. NJ Dutta, learned Addl. PP, Assam. We have also gone through the impugned judgment and the prosecution evidence on record.

(2.) THE prosecution case in brief is that on the relevant night both the accused and the appellant were staying together in the same house, having two rooms. The deceased was found dead in the morning and the accused insisted the villagers for the cremation of the deceased. It may be mentioned herein that both the deceased and the accused were brothers. However, the villagers noticed cut wounds on the dead body and, as such, villagers informed the police and did not allow the accused to complete the cremation of the deceased. Subsequently, a written FIR was lodged by a co -villager and on the basis of this FIR post -mortem examination of the dead body was conducted and charge -sheet was filed.

(3.) PW 6 is the doctor, who conducted autopsy on the dead body. During post -mortem examination the doctor found one cut wound on the right ear, two cut wounds on the frontal bone and one cut wound on parietal bone. In the opinion of doctor all the wounds were ante -mortem in nature and might have been caused by sharp weapon. Doctor has further opined that the person might have died instantaneously. In view of this medical opinion it is a clear case of culpable homicide with an intention to cause death of the victim.