SRI NARESH BORAH Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The Judgment and order of conviction passed on 29.4.2013 by the learned Sessions Judge, Sivasagar in Sessions Case No.202 (S-S) of 2011 has been called in question in this appeal under Sec. 374 of the Code of Criminal Procedure.

(2.) The prosecution case in brief is that at about 1-10 pm on 30.7.2011, one Arun Chandra Kalita lodged an ejahar with the Namti Police Station stating that at about 12.30 pm on the same day, his elder brother Upen Borah, a resident of Rajabari was hacked to death by his second son Naresh Borah in front of the backdoor of the house and he died instantaneously. Namti P.S. Case No. 21 of 2011 under Sec. 302 Penal Code was registered thereupon and in course of investigation, the I.O. visited the place of occurrence, prepared the rough sketch map and recorded the statement of the complainant and the witnesses and then prepared the inquest report of the dead body in presence of the witnesses. The dead body was thereafter taken to Sivasagar Civil Hospital for post mortem examination. The incriminating weapon which is a dao was seized in presence of witnesses and having arrested the accused, he was sent up for trial. The I.O. subsequently submitted the post mortem report and as sufficient materials came out under Sec. 302 IPC, the learned Judicial Magistrate 1st Class committed the case to Sessions on 19.11.2011. The learned Sessions Judge framed the charge under Sec. 302 Penal Code against the sole accused and read out the charge to the accused. The accused pleaded not guilty and claimed to be tried. In course of trial, prosecution examined as many as 14 witnesses. Out of whom, PWs- 6 and 12 are the eye witnesses. PW-1 is the doctor who held post mortem examination over the dead body and PW-14 is the Investigating Officer.

(3.) PW-1, Dr. Diganta Kumar Das proved the post mortem report as Exhibit-1, wherein, Exhibit-1(1) and Exhibit-1(2) are his signatures. According to him, there are two injuries on the dead body and the same are as follows: