MAHIPAL NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, learned senior counsel appearing on behalf of the appellant, and Mr. D. Goswami, learned Public Prosecutor for the State respondent.

(2.) This appeal is directed against the judgment and order, dated 21-5-1999, passed by the Sessions Judge, Barpeta, in Sessions Case No. 68/96, whereby the accused-appellant Mahipal Nath was convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 2000/- and in default, to suffer further Imprisonment for six months.

(3.) The prosecution, as unfolded, is that the accused-appellant Mahipal Nath has got a restaurant at Howly Daily Bazar. The deceased Digen Boro also used to visit the said daily bazaar and on the date of occurrence, i.e, on 3-9-91, an altercation took place between the deceased and the accused in front of the shop of the accused. Thereafter, the accused person picked up a knife and stabbed the deceased as a result of which the deceased died at the spot. One of the witnesses immediately reported the matter to the police station and a General Diary Entry was made. The dead body was sent for post mortem examination, which was conducted by Dr. Rabindra Sharma, (PW-8), who found as follows :