LAKHIYA KARMAKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by the convict from jail is directed against the judgment of conviction dated 03.12.2008 passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No.38/2008, convicting the accused appellant under Section 448/326/304 Part-I IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5000/-, in default to undergo rigorous imprisonment for 5(five) months for the offence committed under Section 304 Part-I IPC, to undergo rigorous imprisonment for 7(seven) years and to pay a fine of Rs.2,000/- in default to undergo further rigorous imprisonment for a period of 2(two) months for the offence committed under Section 326 IPC and to pay a fine of Rs.500/-, in default to undergo simple imprisonment for 15(fifteen) days for the offence committed under Section 448 IPC. All the sentences were directed to run concurrently.

(2.) The prosecution story, in brief, is that on the night of 20.11.2007 at about 8 P.M. the accused Lakhiya Karmakar, a neighbour entered into the house of the informant and hacked the informant's son-in-law Ajit Karmakar with a dao and as a result of which he receives severe injuries and admitted to Dibrugarh Medical College and Hospital for treatment. It is also the case of the prosecution that after 19 days of treatment in Dibrugarh Medical College and Hospital, where the deceased was in coma, he eventually died. On the basis of the first information report dated 25.11.2007 (Ext.-5) lodged by Debari Karmakar (PW-1), Namrup P.S. Case No.97/2007 has been registered, initially under Section 326 IPC, as the deceased was at that point of time undergoing treatment in Dibrugarh Medical College and Hospital.

(3.) The prosecution in order to bring home the charges levelled against the accused appellant examined 9(nine) witnesses, namely, Smt. Debari Karmakar, first informant, who is the mother-in-law of the deceased as PW-1; Smt. Sukurmoni Karmakar, wife of the deceased as PW-2; Smt. Mangri Karmakar, sister-in-law of the deceased as PW-3; Smt. Budhuri Karmakar, another sister-in-law of the deceased as PW-4; Shri Suril Tirkey, a neighbour who took the injured to the hospital on the next date as PW-5; Shri Badan Danoh Deka, another neighbour as PW-6; Dr. Renuka Rongpharphi, who conducted the autopsy on the body of the deceased as PW-7; Shri Prathamesh Bora, an Asstt. SubInspector of Police attached to Borbari Outpost, who made the G.D. entry and issued the dead body challan as PW-8 and Shri Debeswar Dowari, the I.O. as PW-9. The defence has cross-examined all the witnesses. No defence witness, however, has been examined. The statement of the accused under Section 313 Cr.P.C. was also recorded by the learned Sessions Judge.