MATIAS KASHYAP Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of the judgment dated 9/3/1992 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 3(NL)/91 thereby holding the appellant guilty of offence punishable u/s 302 read with Section 201, IPC and sentencing him to undergo imprisonment for life and also to pay a fine of Rs. 1,000.00 for offence punishable u/s 302, IPC and in default of payment of fine, to suffer further R.I. for six months. As for offence u/s 201, IPC, the appellant has been sentenced to undergo three months R.I. with a fine of Rs. 200.00 or in default of payment of fine to suffer R.I. for one month. The appellant was charged and tried for the same offence alongwith the accused Johan Kashyap who has since been acquitted by the trial Court and there is no appeal preferred by the State against his acquittal.

(2.) Stated in brief the prosecution case was that on 2/3/1989 in the night the accused appellant caused the death of Nikaden Kashyap and buried his dead body in his own compound. The deceased was the nephew of the accused. A quarrel took place between the two. It is alleged that the accused dealt several dao blows on the deceased as a result of which the following injuries were sustained by the deceased :-

(3.) Prosecution examined in all seven witnesses. Out of them PW-5 is the doctor who performed the autopsy and PW-6 is the Investigating Officer. PW-7 is a formal witness, a Sub-Inspector of Police who had taken over the charge of investigation and who filed the charge sheet. The other witnesses are closely related both to the accused as well as the deceased.