NEHERUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Neherul Ali has been convicted of an offence under Section 302 of the Indian Penal Code for murdering Harkanta Barman. The prosecution case in short is that the incident took place on 1.4.94 in the evening at about 6.30/7.00 p.m. The incident according to the case of the prosecution was witnessed by PW-2,3,5, 6, 8 and 9.

(2.) Mr. J.M. Choudhury, learned Senior Advocate after reading with us the first information report and the statement of two eye witnesses has submitted that in view of the statements of several eye witnesses it would not be possible for him to make out a case for acquittal. He has however, submitted that the accused has, as would be apparent from the statement of the doctor given only one blow and therefore he had no intention to cause the death of the deceased. He has argued that there was nothing to prevent the accused from giving more blows if he had the intention to kill the deceased.

(3.) We have given deep thought to the argument advanced at the Bar and are inclined to accept the same. Admittedly there was no previous enmity between the complainant party and the accused. Even according to the case of the prosecution, the complainant purchased the timber from the accused on that very day. It has been alleged that thela (cart) for carrying the wood was left at the place of accused. The wood was sent late. It appears to us that it was on account of late delivery of [timber that has led to the occurrence and in heat of moment, the accused has given a single blow. The deceased was aged 62 years whereas the appellant is a young boy. There was nothing to prevent him from giving more blows. It appears to us that the accused never intended to cause either the death of the deceased or inflicted such injury which was likely to cause death.