RAMESH CHANDRA SUTRADHAR Vs. THE STATE

JUDGEMENT

(1.) THIS appeal by Ramesh Chandra raises the question whether he had killed Abinash Chandra, at about dusk time on 1 -4 -1966 in the village of Mohanpur inside the house of P. W. 2 Mahendra Debnath, in exercise of the right of private defence of his person. The learned Sessions Judge, Agartala, has returned the verdict of guilty under Section 302, I.P.C. against the appellant and has sentenced him to life imprisonment.

(2.) A large number of labourers had been engaged by Mahendra Debnath (P. W. 2), on the date of occurrence, for the digging of a tank in the proximity of his residential house. About an hour before sun -set a Sadhu appeared on the scene and sat down on the west of southern hut in the house of Mahendra Debnath. The deceased Abinash Chandra and his father were busy at that time with agricultural operations in an adjoining field. After finishing the day's work Abinash Chandra proceeded to a place near the south -east comer of the tank where Mahendra Debnath was standing. Abinash Chandra, on being told by Mahendra Debnath that the person sitting close to the southern hut of the house was a Sadhu, expressed his desire to do pranam to him. He then carried a dao in his hand which he had brought from his field. He went towards the Sadhu carrying the dao with him. A short while after Mahendra Debnath heard' some sound emanating from the eastern direction. When he turned his back to find out what the matter was he was startled to notice that Abinash Chandra lay on the ground and the Sadhu was administering blows to him with the dao. The Sadhu was none other than the present appellant Ramesh Chandra. Mahendra Debnath let out a cry saying that Abinash Chandra was being done -to death by the Sadhu. The labourers working in the tank clambered out and proceeded towards the culprit. However, the latter scared them away by brandishing the weapon. Instantly, quite a few persons from the village including Dinesh Debnath (P. W. 3) reached the scene of occurrence. This Dinesh Debnath carried a bamboo lathi with him. He utilised the weapon for disarming the accused of the dao and for achieving that end, it is said he rained quite a few blows on his person. Once the weapon dropped from the hands of the accused, he was overpowered by the persons who had assembled around him. He was firmly secured with a rope and confined in a room.

(3.) THE post mortem examination was done by Dr. Dwigendra Lal Banerjee (P. W. 18) at 11 A.M. on 2 -4 -1966. He found a large number of injuries on the person of the deceased including one clean cut gaping incised wound 6V2" X 3" X bone deep on the back of the neck 2 1/2" below the occipital region, an incised wound 3" X 2" X muscle deep just above the first mentioned injury, and another clean cut gaping incised wound 3" X 1" X muscle deep on the left side of the neck, an inch below the first injury. The internal examination revealed that the fourth cervical vertebra, the spinal cord, the trachea, the oesophagus, and the vessels of the neck had been cut at the level of injury No. 1. All the injuries were ante -mortem and occasioned by a sharp -edged weapon like dao. The death according to the opinion of the doctor, had resulted from the shock and haemorrhage occasioned by the injuries received. Injury No. 1, the doctor affirmed, was sufficient to cause death.