RANA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under Section 374, Cr. P.C. is directed against the judgment and order passed by the Sessions Judge, Dhemaji in Sessions Case No. 31(JN)/93 whereby the accused appellant Rana Borah was convicted under Section 304 Part II, IPC and sentenced to imprisonment for five years and fine of Rs. 2,000/- the default further imprisonment for two months.

(2.) The prosecution case as disclosed during trial is that the accused appellant Rana Borah, the deceased Gautam Pegu and the co-accused Minaram Das (since acquitted) were all Government employees and the incident took place at the official quarter of Minaram Das. There was a quarrel between the deceased and the accused. It is alleged that the accused assaulted the deceased with a spade causing injury on the head. As there is no hospital or dispensary nearby and lack of communication! conveyance the injured was removed to hospital on the next day and while he was treated at the Primary Health Centre, the deceased succumbed to the injuries. Thereafter FIR Ext. 1 was lodged. Police recovered the weapon of assault on being produced by the wife of the accused appellant. Post - mortem was held by Dr. Vipal Kumar Das (PW 3) and the doctor found the following five injuries on the person of tile deceased:

(3.) In the case the occurrence is of 15-3-1993 wherein the deceased sustained injury on his person is not disputed one. It has been admitted by the accused in his statement under Section 313, Cr. P.C. and the defence plea is of right of private defence.