V.DUTTA GYANI, J. - (1.)This appeal is directed against judgment dated 23.3.93, delivered by Sessions Judge, Nagaon is Sessions Case No.48/88, thereby holding the appellant guilty of offence punishable under Section 302 IPC and sentencing him to undergo imprisonment for life. Hence this appeal through Jail. Since the appellant was unrepresented Mrs. R. Borbora was appointed Amicus Curiae.
(2.)Prosecution case briefly sated was that on 31st August, 1987, around 9 A.M. in village Nam Dum Dumia Bhakatgaon, a quarrel took place over some land dispute between Lakhiram (the deceased) aged about 60 years and Raben Math (the brother of the accused). But they were pacified by some elderly village people who advised them both not to quarrel instead get it resolved in the Revenue Circle Office. Accordingly Lakhiram having collected his documents, proceeded to the Circle Office. Lakhiram while still on his way to Circle Office, as he neared the Bus Stand P.W.-2 Mohan Chandra met him, he told him that he was going to the Circle Office as Rabin, the brother of the accused had raised some dispute about the land. They proceeded together for a while, as they neared Nani Talukdar's Rice Mill -the accused came armed with a flat iron rod measuring about 21/2' feet from his pan- shop (a 'Gumti') and hit Lakhiram on his head. Mohan laying aside his bi-cycle, snatched away the flat iron rod, when the accused attempted to hit a second blow. After this, he managed to flee away from the scene of occurrance, but caught by Kulen Nath, P.W.- 7.
(3.)The injured Lakhiram was rushed to Dhing Hospital in a rickshaw in an unconscious state. The Doctors sent him to Nagaon District Hospital, where he succumbed to the injury the same night, around 11 P.M. Sambhunath P.W.-1 lodged the FIR, Ext. 1 soon after the attack, at 9-45 A.M. at P.S. Dhing, situated at a distance of about 11/2 K.Ms. from the place of occurrence, Dhing Bazar. A case u/s 341, 362, 307, 304 IPC was registered and taken under investigation. As Lakhiram succumbed to the injury, it was later converted to one u/s 302 IPC. On completion of investigation accused Someswar was charged and tried for the above offence. He pleaded not guilty to the charge. His defence was unsoundness of mind, as can be gathered from his statement recorded u/s 313 Cr.P.C. This trial having considered the defence plea of insanity, rejected the same and held the accused guilty of the offence charged. Hence this appeal.