KANCHAN KUMAR DEV Vs. STATE OF ASSAM

JUDGEMENT

(1.) Makhan Sarkar and his wife Kamala Sarkar were killed with dagger blows on 13-6-1985. Accused-appellant Kanchan Kumar Dev was responsible for causing their death. He faced the trial in the court of Sessions Judge, Silchar in Sessions Case No. 140/1985 under S.302 I.P.C. and was convicted for the said charge vide judgement dated 2-1-1987 and sentenced to suffer imprisonment for life. Hence, this appeal by Kanchan Kumar Dev.

(2.) There was no dispute on the fact of death of Makhan and Kamala as a result of injuries sustained on 13-6-1985, Dr. B.K. Borah, Asstt. Prof. of Forensic Medicine, Silchar held post-mortem examination on both the dead bodies. He found three stab wounds of the following descriptions on the body of Makhan :- (1) One stab wound situated on the left of the chest near nipple laterally over the 4th intercostal space penetrating into the thorax, pleura cut, left lung cut with profuse haemorrhage, anterior wall and right heart was cut of the size 2 x 5 cm. with haemorrhage; (2) skin deep cut wound 3 x 1 cm. on lower part of left lateral side of thorax; and (3) cut wound on postero-lateral side of left upper arm at middle part size 2.5 x 1 cm. Doctor opined that death of Makhan was due to stab wound described above under No. 1 which cut the lung and heart. Considering the nature of the injuries, we fully agree with the opinion of Doctor.

(3.) Doctor found the following stab and cut wounds on the body of Kamala :- (1) one stab wound over right axillary region size 2.5 x 1 cm. situated at 2nd intercostal space penetrating deep into thoracic cavity, the cavity was full with clotted blood about 2 litres, right pluera was cut, right lung penetrated throughout with wound measuring 2 x 5 cm. on the right side with profuse bleeding and the cavity was full of clotted blood; (2) a cut wound on the medial side of right upper arm over upper part measuring 7 cm. x 2 cm. Doctor opined that the death of Kamala was due to stab wound described above under wound No. 1 which cut the lung and heart. Considering the nature of the injuries, we fully agree with the opinion of the Doctor. 3 eye witnesses have deposed that the injuries were caused by dagger blows. Their evidences have been fully corroborated by the medical evidence. Thus, it was proved by evidence of eye witnesses and medical evidence that both Makhan and Kamala died due to injuries sustained on 13-6-1985.