- (1.) The Appellant, on being found guilty for committing murder of one Baijnath Bhuian, was convicted under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment of life and to pay a fine of Rs. 5,000/- and further a simple imprisonment for three months in default of payment of fine.
(2.) The case of the prosecution is that on 19.11.1987 while one Sarita Devi was plucking Sag in a field in the evening, the Appellant came over there and caught hold of her hand and started taking her away forcibly. On seeing this, the deceased-Baijnath Bhuian raised an objection over his misdeed which caused annoyance to the Appellant and hence, he held out a threat to the deceased of dire consequence and left that place. When Baijnath Bhuian came home after the sun set, he informed about the aforesaid incident to his mother Fulmatia Devi, informant (P.W.1). After sometime at about 8-9 p.m. while the deceased, his mother, Fulmatia Devi and others were taking dinner, the Appellant came there and asked for Tobacco from Baijnath Bhuian (deceased). The deceased told him that Tobacco is not with him. Thereupon the Appellant took Baijnath Bhuian away with him on the pretext that he will get Tobacco for him. The family members did not mind this as the Appellant was in visiting term. Thereafter, the father of the deceased started treating his ailing Grand Son indigenously. They remained busy till late night. In the next morning, Mainwa Devi (P.W.3), the daughter-in-law of the informant, who had slept in the house of the informant in the night when came to her house, she found the deceased lying dead in one of the rooms. There the blood had spilled on the ground. When hue and cry was raised, several persons got assembled. P.W.-8-, the then Officer-in-Charge of Patan Police Station on receiving a rumour of that a man has been killed, came to the village and recorded the Fardbeyan (Ext.-1) of Fulmatia Devi (P.W.-1), the mother of the deceased. On inspection of the place of occurrence, he did find blood on the ground near the dead body. Blood spots were also there over the wall. It was seized under a seizure list.
(3.) The Investigating Officer after holding inquest on the dead body, sent it for postmortem examination, which was conducted by Dr. Bishwanath Ojha (P.W.7), who on holding postmortem examination found the following injuries: One lacerated wound over and in front of right external ear 1.5"x2"x2" directing backward and downward at the base of skull and upper part of the neck; Charring was found around the margin of the wound. On dissection, the Doctor did notice complete destruction of middle and internal ear; mandible as well as upper vertibra was found fractured, 27 small pieces of pillets and two pieces of wads were recovered from upper region of the neck and base of skull; The Doctor issued postmortem examination report (Ext.3) with an opinion that the death was caused due to shock and haemorrhage as a result of aforementioned injuries.;