MADAN CHANDRA DUTTA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, Madan Chandra Dutta, was convicted by the Sessions Judge, Jorhat, under Section 304(1) of the Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine Rs. 500/ -in default, to suffer rigorous imprisonment for six months more.

(2.) THE prosecution case is that there was a land dispute between the deceased Bhadreswar and the appellant. They were relatives, the deceased being the uncle of the appellant. The occurrence took place on 11 -11 -1969. A quarrel continued since the previous day. On the date of occurrence, they were challenging each other. The appellant then gave a dao blow on the neck of the deceased; the deceased fell down and died.

(3.) THE appellant pleaded not guilty. He has admitted the occurrence and has also admitted that he gave the blow. But he pleaded that he did it in exercise of his right of his private defence of his person.