DAMBARUDHAR NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order, dated 19-12-1995, passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 64(N) of 1995.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows : On 7-3-1994, at about 9.00 p.m. While Paban Nath (since deceased) went out to attend a marriage, accused Dambarudhar nath Picked up a quarrel with him at a village path and stabbed him with a dagger causing injuries on the person of Paban Nath. On alarm being raised, the informant, namely, Tapan Nath (P.W. 5), who is a younger brother of deceased Paban Nath, and other witnesses rushed to the place of occurrence and saw the accused causing injuries on Paban Nath. On noticing the witnesses, the accused fled away. The injured was brought home and, later, on, he was shifted to a hospital, where he succumbed to the injuries. On the FIR being lodged on the very night of the occurrence by Bakul Nath (P.W. 6), a relative of the said deceased, mentioning the name of the accused-appellant as assailant of the said deceased, the police registered a case against the accused and, upon completion of investigation, the police laid charge-sheet against the accused appellant under Section 302, IPC.

(3.) During the trial, when the charge, framed under Section 302, IPC, was explained to the accused, he pleaded not guilty thereto.