SRIMANTA HALOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) A challenge has been made as to the legality and correctness of the Judgment and Order of conviction dated 15.09.2004 rendered by the learned Addl. Sessions Judge (Adhoc), Kamrup passed in Sessions Case No. 50(K)/2004 by which all the appellants were convicted and sentenced to suffer life imprisonment and fine of Rs. 5000.00 each, in default to suffer additional one year simple imprisonment under Section 302/34 I.P.C. Feeling aggrieved by the aforesaid Judgment and Order the instant appeal has been filed by the appellants.

(2.) FOR the purpose of appreciation of the appeal it would perhaps be appropriate for this Court to place the case of the prosecution at this stage which runs as under.

(3.) MR . Mazumdar, learned Sr. Counsel appearing for the appellants at the very outset of his argument submitted that the evidence on record, more particularly the evidence of the Doctor PW 8, do not suggest/justify to reach at an acceptable conclusion that the appellants killed the deceased on the fateful night. Referring to the evidence of PW 8, Dr. Patul Mahanta who, however, did not conduct the post -mortem examination on the dead body, Shri Mazumdar, learned Counsel submitted that the evidence on record only speak for commission of suicide by the deceased. Shri Mazumdar while advancing his argument in the case further submitted that though the appellants on the night of 24.02.2000 did assault the deceased, which resulted in some injuries on his person, the injuries discovered on the dead body by PW 8, the Doctor cannot result the death of the deceased in the ordinary course of nature. PW 8, the Doctor in his evidence very specifically stated that the death occurred due to asphyxia resulting from hanging. Referring to the symptoms appearing in the evidence of PW 8 and PW 9, it was strenuously argued by Shri Mazumdar, learned Counsel for the appellants that the ligature mark and other symptoms which were discovered on the dead body during inquest and autopsy go to show that the deceased committed suicide; perhaps being felt ashamed of the assault by the appellants, his in laws (father -in -law and brother -in -law) along with two others.