BAIKUNTHA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Baikuntha Das was convicted by the learned Addl. Sessions Judge, Jorhat u/s 302 IPC in Sessions Case No. 154(J-J)/2013 and was sentenced to imprisonment for life and a fine of Rs. 5,000/- with default stipulation.

(2.) As per prosecution case, on 4.9.2013, at about 6.30 in the morning, when the victim Nitul Das was going to shop by riding his motorcycle, the appellant Baikuntha Das restrained him in front of his house and assaulted with a sharp weapon causing serious injuries. Having sustained injuries, when the victim fell down, the accused appellant Baikuntha Das left the place by taking away the gold chain and two rings from the victim. Immediately, with the help of the villagers, the victim was shifted to Jorhat Civil Hospital, where he was declared dead. FIR (Ext-1) was lodged by PW1, the younger brother of the deceased, on the basis of which, police registered a case. In course of investigation, police arrested the accused, and seized a dao alleged to be weapon of offence vide Ext. 3, seizure list. Inquest report Ext- 2 was prepared by Executive Magistrate B.D. Das and the dead body was sent for post mortem examination.

(3.) PW 12, Dr. Tapan Das, who conducted the post mortem examination found the following injuries on the body of the victim :-