ANIA KUZUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.1.92 passed by the Sessions Judge, Golaghat in Sessions Case No. 30 of 1990 thereby holding the appellant guilty of offence punishable U\'s. 302 IPC and sentencing him to undergo imprisonment for life. Hence the appeal.

(2.) The prosecution case, stated in brief, was that on 29.5.87 the accused committed murder of one Jataru Drang. Prosecution, examined as many as 5 witnesses. PW 1 is the doctor, who performed autopsy and found two incised wounds - the first one measuring 3"xl/2"xl/2" on the neck just above the thyroid cartiledge and the second one measuring 2"xl/2" muscle deep on the right upper part of the chest. In the opinion of the doctor the death was due to shock and haemorrhage. PW 4 is the Investigating Officer and PW5 is the Judicial Magistrate, who recorded the judicial confession made by the accused-appellant. Out of the remaining two witnesses, PW 2 Smti. Panu Orang is the daughter-in-law of the deceased and PW 3 Moniram Orang is the son-in- law of the deceased. There is no eye-witness to the occurrance. PW 3 was enjoying a drama in a common prayer-hall when he was informed by his brother that someone had cut this father-in-law. This brother, who informed him, has not been examined by the prosecution. PW 2 Smti. Panu Orang has testified that her father-in-law, i.e., the deceased was sleeping on a raised platform in the open cow-shed. Her husband was not present. On hearing low rumbling sound she suddenly came out only to find her father-in-law creeping and crawling his cut injuries on the neck. She started crying. Hearing her cries people gathered on the spot. Her brother-in-law Moniram PW 3 also came there.

(3.) As admitted by PW 2 they including the appellant are all labourers believing in black magic and the deceased practised witch-craft and sourcery. The accused-appellant lived near the complainant's house. As a result of the black magic practised by the deceased, he lost his only child just a day before the occurrence.