BINOD GOWALA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I. Hussain, learned amicus curiae, and Mr. K.A. Mazumdar, learned Addl. Public Prosecutor, Assam.

(2.) The material facts of the prosecution case disclose that one Dina Nath @ Benda Bauri is the complainant. On 10.09.2008, around 9.45 pm, PW3 hears a noise in the direction of Sadharu River near the cremation ground opposite to Biswanath Chariali on the side of NH 52. PW3 along with two persons goes to the scene, they found a stranger sustaining bleeding injuries and accused was beating the stranger with a lathi and as soon the accused found PW3 going to the scene, he fled away. PW3 has given telephonic information to the police immediately and a G.D. Entry was made around 9.45 pm. Written complaint is lodged on the next day by PW3 as per Ext.2, extract of which is as follows:

(3.) Inquest is held by the investigating officer. Post-mortem report discloses that death is on account of shock and hemorrhage due to the injuries sustained. The injuries are stated to be ante mortem and death is homicidal.