RAJESH SALUA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Roshid, learned Amicus Curiae as well as Mr. P.C. Gayan, learned PP, Assam.

(2.) The correctness and legality of the conviction of the appellant under section 302, I.P.C. and the sentence to suffer rigorous imprisonment, for life and to pay the fine of Rs. 1,000.00, in default, further rigorous imprisonment for one year as handed down by the learned Additional Sessions Judge, Dibrugarh, by his judgment and order dated 5.2.2002 rendered in Sessions Case No. 84/2001, has been questioned, in this criminal appeal filed by the appellant; from jail.

(3.) The relevant facts, as projected by the prosecution, may be noticed. P.W. 1, Anima Gogoi lodged an FIR with Duliajan Police Station on 1.5.2001 alleging that around 4.30 p.m., on 27.4.2001 (Friday), while her husband Sri Subhash Gogoi was closing the works, then Sri Rajesh Salua, son of Sri Salua Puna of No. 12 Line of the Raja Ali T.E., who was lying in ambush, attempted to kill her husband by hacking him with, a dao and as a result of such attack, her husband sustained grievous injuries and lost his sense and thinking her husband was dead, the accused fled away. On the basis of such information, police registered a case being Duliajan PS Case No. 28/2001 under section 826/307, I.P.C. and police started investigation. Later on, since the said injured person died succumbing to the injuries, section 302. I.P.C. was added. On completion of the investigation, charge-sheet, was submitted against the appellant Rajesh Salua 0 Puna Orang under section 302, I.P.C. and he was committed to face the trial before the learned Sessions Judge, Dibrugarh. who during trial examined as many as 11 witnesses including the two doctors. P.W. 7, Dr. Bhabananda Goswami, who treated, the injured Subhash Gogoi before his death and P.W. 10, Dr. R. Chaliha, who conducted the autopsy on the dead body of Subhash Gogoi (hereinafter referred to as the deceased) as well as P.W. 11, Surya Neog, Investigating Officer (for short, 1.0.). The appellant was also examined under section 313. Cr. P.C.