BADHNA KHARIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Sukra Kharia, father of accused Badhna Kharia, was murdered in the night of 19-3-1983 inside his house. The accused faced the trial for the charge of killing his father. He pleaded not guilty.

(2.) Prosecution adduced two types of evidence, namely, (1) direct evidence of P.W. 3 Smt. Rukni Kharia, mother of the accused and (2) evidence of the three witnesses - P.W. 2 Kumar Nag, P.W. 4 Etowa Kharia and P.W. 5 Mohesh Nayak on the fact of extra-judicial confession of the accused. The learned Sessions Judge relied on this evidence and convicted the accused under S. 302 of the I.P.C. Hence this appeal by accused Badhna Kharia from Jail.

(3.) There was no dispute on the fact of death of Sukra Kharia in the night of 19-3-1983 as a result of injuries sustained Mr. M. Ahmed, A.S.I., Bordubi Police Station held inquest over the dead body on 20-3-1983. Ext. 2 was the inquest report. Cut injuries over neck and head were found and recorded in that report. Dr. M. N. Gogoi (P.W. 1) held post morterm examination on the dead body of Sukra Kharia and found two injuries as follows :- (1) one incised wound, size 7 cm. x3 cm. in the middle part of the right side of the neck cutting the skin muscles, blood vessels, nerves and 3rd cervical vertebra, (2) one incised wound 8 cm. x 3 cm. in the left side of the occipital region of the scalp cutting the bone completely along with the membrane and the brain. The injuries were found to be ante mortem and the Doctor opined that the death was due to shock and haemorrhage as a result of injuries sustained and that the injuries were caused by heavy sharp cutting weapon. The Doctor also opined that both the injuries were individually sufficient to cause death. Considering the nature of the injuries over the vital parts of the body, we fully agree with the opinion of the Doctor. It was proved that Sukra Kharia died as a result of injuries sustained in the night of 19-3-1983.