SANTOSH GOSAI Vs. STATE OF ASSAM & ANOTHER

JUDGEMENT

(1.) Appellant Santosh Gosai has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation. The other coaccused persons, namely, Birendra Gosai and Mangal Gosai have been acquitted by the trial court of the charges.

(2.) The victim of the incident was Bijoy Munda, aged about 30 years.

(3.) According to the prosecution case, on 15.4.2002, around 2.30 PM, on the side of village road, appellant dealt dao blows on the neck of Bijoy Munda due to which, he died on the spot. At that time, co-accused persons, Birendra Gosai and Mangal Gosai had caught hold of Bijoy to facilitate the appellant in hacking him. Ejahar exhibit 2 of the incident was made by father Budhu Munda of Bijoy at Gumrah Investigation Centre, which was later registered as First Information Report. Budhu was not an eye witness to the incident though he named the appellant as assailant of Bijoy. Budhu stated in the ejahar that appellant, who is of neighbouring village, out of previous grudge, killed Bijoy with a dao. The police rushed to the place of occurrence and made the inquest exhibit 5 on the dead body of Bijoy. The dead body of Bijoy was then sent for post mortem examination. Dr. Gunojit Das (PW-11) conducted the post mortem whereafter, he, in his report exhibit 6, opined that Bijoy died due to cut injuries in the neck. The police arrested the appellant on 16.4.2002 and seized one dao from his possession.