KRISHNA RAM DAS Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the conviction and sentence passed by the Sessions Judge Lower Assam Division, Gauhati, finding the appellant guilty of the offence Under Section 325 Indian Penal Code and sentencing him to rigorous imprisonment for three years.

(2.) The facts of the prosecution case briefly are as follows:

(3.) The evidence of the prosecution consists of three eye-witnesses, P. W. 3 Dharani Das, the son of the deceased, P. W. 4 Laghanuram Das, the brother of the deceased, and P. W. 6 Bhagiram Dm, the son-in-law of the deceased. According to the evidence given by P. W. 3 in the Sessions Court, he was at his Pam house on the date of occurrence which was about one-fourth mile away from the scene of occurrence. On receiving information from his brother-in-law Bhagiram P. W. 6 that the appellant had assaulted his father, he came home and found the deceased lying injured on the verandah of his house. He also found marks of injuries both on the chest and the back. On being questioned, the deceased told him that the appellant assaulted him with a lathi. He then called Dr. Debendra Kakati P. W. 5, who administered first aid and advised the deceased to be taken to the Gauhati Hospital, which was accordingly done.