- (1.) THIS appeal is directed against the judgment of conviction dated 31.8.2004 and order of sentence dated 03.09.2004 passed by Sri Ajit Kumar Thakur, Additional Sessions Judge, Ghatshila, in Session Trial no. 336 of 2000 whereby and whereunder, the court having found the appellant guilty of committing murder of Gurucharan Bhuiyan convicted him for the offence punishable under section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life .
(2.) THE case of the prosecution is that on 20.2.2000, at about 2.30 p.m while the informant Gobardhan Bhuiyan (PW4), father of the deceased, was in his house, some of the boys came and informed him that his son Gurucharan Bhuiyan (deceased) is being assaulted by the appellant out side of the house. On hearing this, he as well as his elder son Mahendra Bhuiyan (PW3) went there and saw the appellant assaulting his son Gurucharan Bhuiyan . Upon it, they asked the appellant not to assault his son, but the appellant threatened him of dire consequence. Meanwhile, mother of the appellant asked them to call the village Pradhan. Upon it, they went to call the village Pradhan and when they came back with the village Pradhan, they found Gurucharan Bhuiyan lying in an injured condition. Thereafter, when he proceeded to call village chaukidar, he was chased by the appellant by saying that he is going to call the police, he would also be killed. After some time, when they came along with the chaukidar, they found his son dead and by the side of the dead body, there was a wooden plank and an axe over which blood was there.
(3.) AT about 5.15 p.m when Sub Inspector R. S. Tiwari, Officer -in -Charge, Dhalbhumgarh PS, came to the Police Station, the informant (PW4) gave his fard beyan (Ext.2) upon which formal a FIR was drawn. Thereupon, the police seized said wooden plank and the axe having blood marks over there under a seizure list (Ext.3). The investigating officer held inquest on the dead body of the deceased and prepared an inquest report. Thereafter the dead body was sent for post mortem examination which was done by Dr. Om Shankar (PW5). Upon holding autopsy on the dead body of the deceased Gurucharan Bhuiyan, he found the following ante mortem injuries on the person of the deceased : 1. Sharp cut 7 c.m. x 1 c.m. on frontal skull bone; Cavity deep just above the left eyebrow; 2. Sharp cut 2 c.m. x 5 m.m. through the lip on the lower lip. 3. Lower both incissors 1 and 2 mobile, not uprooted. Haemtoma present. 4. Sharp cut 4 c.m. x 8 m.m. x 2 c.m. deep on sub -mandibular region; clot present. 5. Fracture, left maxillary bone. According to him, injuries no.1, 2 and 4 were caused by sharp cutting instrument, whereas injury no. 5 was caused by a hard and blunt substance. Injury no.3 has been caused by hard blunt substance or same instrument causing injury no. 2 The Doctor (PW5) issued post mortem examination report (Ext.4) with an opinion that death of the deceased was caused due to shock and haemorrhage on account of above noted injuries. On completion of the investigation, chargesheet was submitted upon which cognizances of the offence was taken and the case was committed to the court of sessions where the accused/ appellant was put on trial.;