RAMESHWAR KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant stands convicted under Section 302 IPC and sentenced to undergo imprisonment for life with fine of Rs. 1,000/-, or in default of payment of fine to undergo 2 months R.I. by Sessions Judge, Nalbari in Sessions Case No. 24 (N)/89 vide judgment dated 6.5.94.

(2.) Prosecution case staled in brief was that on the eve of Bhogali Bihu Bidai, a cultural festival was organized in [he village where the deceased and some of the prosecution witnesses were also present. It was around 10-00 P.M. of the 30th April, 1987 that the accused is alleged to have stabbed Basistha with a dagger resulting in incised perforated wound on the left abdominal side miming perpendicular, i.e. vertical extending from epigastric to unfilical rigor region. The omentum was seen coming out of the wound. Immediately on coming to know of the incident, Dilip Sarma, P.W.-4 the cousin of the deceased lodged an Ejahar, Ext. 1, at police station, Nalnari on the basis of which a case u/s 302 IPC was registered and taken under investigation. Injured Basistha was rushed to civil hospital, Nalbari but he breathed his last on way to hospital. On completion of usual investigation, such as, visiting the spot, sending the dead body for post-mortem examination after inquest and recording the statement of the witnesses, the accused was charged and tried for the above offence. Prosecution examined, as many as, 10 witnesses to prove the charge. No specific defence was taken by the accused although he had claimed to be innocent, in reply to every question that was put to him in his examination u/s 313 CrP.C. The trial Court found him guilty of the offence charged and convicted and sentenced him as already noted above. Hence this appeal,

(3.) Learned counsel Mr. J.M, Choudhury, appearing for the appellant has raised the following points: