SATYA GHOSE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Satya Chose was tried and convicted by the learned Sessions Judge, Barpeta under Section 302 of the Indian Penal Code in Sessions Case No. 34 of 1995 and sentenced to imprisonment for life and to pay a fine of Rs, 500/- in default of which to undergo 3 (three) months imprisonment. Being aggrieved, this appeal has been preferred disputing the impugned judgment on various grounds which will be looked into in due course hereinafter.

(2.) The prosecution case, as unfolded, is that on the night of 17.3.1992, Bolai Chandra Das, since deceased, was returning home from nearby Janata Market along with accused Satya Ghose and another person named Ismail Hussain. An altercation followed by a scuffle took place on the way between the accused and the deceased resulting in a dagger blow dealt with by the accused on the lower part of the abdomen of the deceased. Having sustained injury, the deceased somehow reached the courtyard of one Akhil Ghosh, a co-villager, where he made a statement that rthe accused had assaulted him. Thereafter, he was shifted to his house where he made a similar statement to his wife and others. He died on the following morning.

(3.) A.G.D. Entry (No. 182 datsd 18.3.92) was initially recorded by police an receipt of the information from one Sukla Ghosh to the effect that at 7 P.M. on the previous evening Bolai Das was stabbed on the abdomen by the accused Satya Ghose by means of a dagger. The information was received by him at about 9 A.M. and accordingly, he made tine aforesaid G.D. Entry.