PUTUL CHANDRA BORA Vs. STATE

JUDGEMENT

(1.) THIS appeal is on behalf of Putul Chandra Bora who was convicted Under Section 302, IPC by the learned Additional Sessions Judge, L. A. D. agreeing with the majority verdict of the jury and sentenced to transportation for life. The jury was divided as five to four.

(2.) THE case for the prosecution is that one Bangshidar Moor, a Marwari gentleman -one of the partners of the Nagarmal Moor and Company which had a bucket factory on the Kolong Bank road of the Nowgong town was attacked his certain individual on the night of 26 -8 -1951 at about 8 -30 p.m. and was stabbed with a knife or a dagger making a punctured wound on the abdomen. There was another minor injury on the right arm. The injured person fell down immediately on being struck and he was removed to a neighbouring shop of one Labchand where medical aid was rendered to him and the Civil Surgeon attended him immediately. The doctor removed the protruded omentum and stitched the injury under chloroform. He was subsequently attended by another eminent surgeon and operated on but the man expired in the hospital on 28th of August within about forty -eight hours or the injury being received.

(3.) THE learned Advocate appearing for the appellant has submitted before us that the charge to the jury has been unfair more particularly, the things that could have been said in favour of the accused have not been said and some inadmissible evidence has been placed before the jury which materially prejudiced the accused in his defence.