MAHIRAM BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal by lifer Mahiram Bora against the conviction made by the Sessions Judge at Lakhimpur on 12-3-92 in Sessions Case No. 76 (NL) of 1989. The case of the prosecution, in brief, is thus. On 24-12-87, at about 7 p.m., while Paduram Bora (since dead) was returning home from Simulguri, accused Mahiram Bora struck him on his head with a mit-dao causing severe injuries. The injured Paduram was taken to Dhalpur Dispensary in a vehicle. He was again taken to Dibrugarh Medical Hospital at the advice of the Doctor, but he died there on 4-1-88. On trial, the Sessions Judge convicted the accused under Section 302, I.P.C., and sentenced him to rigorous imprisonment for life and a fine of Rs. 500.00. Hence this appeal.

(2.) There is not direct evidence. Prosecution relies on confession recorded under Section 164, Cr. P.C. extra-judicial confession and other circumstances. The defence of the accused was that Paduram was injured in self-defence.

(3.) PW 1 Joy Ram Bora is brother of the deceased Paduram and was the informant. He did not see the occurrence. His evidence is that injured Paduram was taken to Dhalpur Dispensary in a vehicle from the place where he was lying injured. He found the accused there and saw injury on his forehead. At that place accused told them that he had assaulted Paduram. The injury to the accused was examined in Dhalpur Dispensary. Paduram was mentally deranged and, therefore, was separated from his family. The evidence of PW 2 Tankeswar Bora is that accused told him that it was Paduram who struck him on his forehead with two dao blows. Mahiram snatched the dao from Paduram. He took the accused to the Dispensary for treatment. Paduram was shifted from Dhalpur Dispensary to Dibrugarh Medical College Hospital where he died. He did not see occurrence. PW 6 Indra Borah is son of Paduram. His evidence is that he found his father at Dhalpur Dispensary. As advised by the Doctor, his father was shifted to Dibrugarh Medical College from Dhalpur. Paduram was slightly recovered but he died at Dibrugarh. Other witnesses are formal witnesses.