JUN BORAH Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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Mir Alfaz Ali, J. -
(1.) This jail appeal is directed against the judgment and order dated 04.07.2016, passed by the learned Sessions Judge, Golaghat in Sessions Case No.45/2013. By the said judgment, the accused appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.
(2.) We have heard Mr. B Bora, learned Amicus Curiae and Mr. BJ Dutta, learned Addl. Public Prosecutor, Assam for the State respondent, who have also taken us through the evidence and materials available on record. We have also heard Ms. B Talukdar, learned counsel for the informant.
(3.) As per the prosecution case, on 03.07.2012, at about 2.45 pm, when the victim Ananda Borah was going to Dergaon Chariali by riding a bicycle, the accused Jun Borah inflicted several 'dao' blows on the victim, in front of the house of one Noren Borah, husband of PW-3 and consequently, the victim met with instantaneous death. PW-4 Bulu Bora, who was present at the place of occurrence, raised hue and cry, hearing which, the members of the family of the deceased, arrived at the place of occurrence and found the victim lying dead. An FIR was lodged by the wife of the deceased Junu Borah (PW-2), on the basis of which, police registered a case, being Deragaon PS Case No.214/2012 and commenced investigation. During investigation, post-mortem examination was done by Dr. Dwijen Bordoloi (PW-1), who found the following injuries on the body of the victim:
"Dead body of an young adult male of good health and built. Multiple incised wounds caused over the chest.
1. Incised wound, horizontal, curve, posteriorly one neck about 2 cm. In length, gaping starting from below the left ear, cutting the occipital bone, muscle, 1st and 2nd cervical vertebrae and spinal cord.
2. Incised wound on chest, approximately in size 1" ¼", penetrating the wall, the right 8th Yc space piercing the Liver.
3. 1. " ¼" ¼" incised wound on left 7th Yc space laterally.
4. 4" " incised would on left lumberism penetrating the abdominal cavity. Spinal cord transculated.
The major injury is the wound of the neck and cutting of the spinal cord. The injuries are caused by sharp, heavy weapon."
In the opinion of the doctor, the cause of death was shock and haemorrhage, as a result of the injuries sustained by the deceased.;
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