DHODA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant, Dhoda Hazarika, was convicted by the Sessions Judge, Dibrugarh and Lakhimpur Districts, at Dibrugarh, Under Section 302 of the Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 500/ -, in default, to suffer rigorous imprisonment for three months more.

(2.) THE prosecution ease, briefly, is that on 23 -6 -1971 Kumud Bora (deceased) and Ketku Ganju (P. W. 1) who had been to the house of Nilambar, who had been bitten by a snake, were returning home. The deceased was a 'Bez' and he had been to the house of Nilambar with P. W. 1 to cure him of the snake bite. On their return at about 10 P. M., the deceased and P. W. 1 heard some musical tune from a violin in front of the E. and D. Office in village Mechlowgaon and enquired as to who was playing on the violin, The appellant replied from inside the room that he was playing with the violin, and he suddenly came out and gave some blows on the neck, shoulder and left chest of Kumud with a dao and left the place. P. W. 1 as well as Kumud raised alarm. Hearing this, the wife and children of Kumud, who were in a nearby house, came to the place of occurrence. He was taken in a bamboostretcher to Khowang Dispensary and thereafter the injured was removed to the Assam Medical College Hospital at Dibrugarh. Kumud died the following day.

(3.) THE prosecution has examined P. W. 1 the alleged eye -witness, who accompanied the deceased while returning from the house of Nilambar, and P. Ws 2, 4, 5 and 6 who have proved certain dying declarations alleged to have been made by the deceased Kumud.