SHRI KIRAN DAS Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 25.8.84 passed by the learned Sessions Judge, Dibrugarh, whereby the appellant was convicted on charge under Sec. 302 Penal Code and sentenced to imprisonment for life.

(2.) Briefly, the prosecution case was that on 21-4-83 at about 8 P.M. when deceased Motiram Das and informant Ganesh Das hereafter the informant were returning from Mohanaghat along the embankment near Namghar at Bhanga Ali, Motiram Das sat down to make water and the informant proceeded further. Immediately thereafter Kiran Das the accused appellant hereafter the appellant brought an axe from his house which was nearby and gave a blow with the axe at the back of Motiram. When Ganesh Das tried to catch hold of the appellant he was chased by the appellant who then gave a blow with the axe on the face of Motiram Das who died instantaneously. The appellant ran away. A hue and cry was raised. The informant came to the Police Station, Dibrugarh Sadar, and lodged the First Information Report at 9.30 P.M. the same evening while he was still at the Police Station the appellant also came there and surrendered. The investigation commenced. The I.O. came on the scene of occurrence. Inquest over the dead body Motiram Das was held and it was sent for post mortem examination, which was conducted by Dr. B. K. Bora, Associate Professor of Forensic Science, Assam Medical College, Dibrugarh on 72-4-83 at about 11.30 A.M. The Investigation Officer seized one axe at the instance of the appellant. The witnesses were interrogated. The investigation completed, charge sheet against the appellant was submitted.

(3.) At the trial, the appellant pleads not guilty to the charge under section 302 Penal Code.