NIKHIL CHANDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused-appellant Nikhil Chandra Nath along with three others was tried by the Sessions Judge, Cachar, Silchar in Sessions Case No.86 of 1997 for commission of an offence punishable under section 302 IPC. During trial, as many as 9 witnesses were examined by the prosecution find on conclusion of the trial, learned Sessions Judge acquitted the three other accused persons on benefit of doubt but convicted the accused-appellant under section 302 IPC and sentenced him to imprisonment for life and to pay a fine of Rs.5,000/- in default, to further imprisonment for two months and hence, the present appeal.

(2.) The prosecution case, in brief, is that on 3.1.97 at about 8.30 AM, while the deceased Sadhan Kanta Nath was returning from the house of Rahamat Ali and reached near the house of the accused persons, the accused persons assaulted him with lathi etc and present appellant assaulted him with an axe as a result of which Sadhan Kanta Nath sustained injuries on his person and died on the spot. It may be mentioned here that the other accused persons who were acquitted by the Court are the father and two brothers of the present accused-appellant Nikhil Nath. In this case, there is oral evidence on record as regards the death of Sadhan Nath on the day of occurrence as result of injuries sustained by him. The deceased was serving as a Home Guard and at the relevant time he had returned to the village. PW 8 Dr. KK Chakraborty who held autopsy on the dead body and found the following injuries on the persons of the deceased: Injuries :

(3.) In the opinion of the doctor, the death was due to shock and haemorrhage as a result of ante mortem injuries described, caused by sharp weapons and homicidal in nature. The doctor has also opined that the above injury may be caused by the axe, material Ext 1.