The central legal point established in the judgment is the application of Section 302, IPC to determine the appellant's guilt for murder.

Biswas, J. :- The appellant Sri Moni Gogoi @ Khage Gogoi was tried by the learned Sessions Judge, Dibrugarh in sessions Case No. 115/96 under Section 302, I.P.C. for causing death of Sri Phanidhar Saikia and Khargeswar Saikia, two brothers. On conclusion of trial, the learned Sessions Judge convicted the appellant u/S. 302, IPC and sentenced him to rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default, to rigorous imprisonment for a further period of three months. Being aggrieved thereby, the appellant has preferred this appeal.

2. The prosecution case is that on 20-11-1994 Phani Saikia and Khargeswar Saikia, brothers of the informant had gone to the house of the appellant to hold a discussion over a dispute and the appellant caused their death by assaulting them with a dao.

3. The police on receipt of the ejahar lodged by P.W.-1 Sri Tulon Saikia registered a case and on conclusion of investigation submitted charge-sheet u/S. 302, IPC.

4. Before the learned Sessions Judge, 13 witnesses were examined by the prosecution to bring home the charge against the appellant while no evidence was adduced by way of defence. The learned Sessions Judge, after appreciation of the evidence on record, awarded the verdict of guilt.

5. Sri Ranjan Gogoi, learned Sr. counsel, submitted that the medical evidence shown that both the deceased sustained multiple injuries of different demension and character capable of being caused by a sharp cutting and pointed weapons and, therefore, the appellant who was holding a dao could be held liable for the incised injuries only. Sri Gogoi further urged that no evidence to show that the incised injuries were sufficient in the ordinary course of nature to cause death, the appellant could not be held responsible for causing the death of both the brothers all alone.

6. The argument advanced by Sri Gogoi otherwise suggest that the defence is limited to the gravity and extent of the offence committed by the appellant and the quantum of punishment imposed. It would, therefore, be appropriate to advert to the question as to whether the conviction of the appellant u/S. 302, IPC could be sustained or not.

7. The evidence of P.W. 1 Sri Tulon Saikia shows that on the previous day of the occurrence, he had an altercation with the appellant over a bicycle accident caused by the appellant. The appellant at the sight of the brothers of P.W. 1 fled away from the scene and P.W. 1 Tulon took the bicycle to his house. Next day, Robin Saikia, President of the Panchayat and Palowan Gogoi, co-villagers, decided to settle the dispute. At about 2.00 p.m. Palowan Gogoi came to the house of this witness to find out whether villagers had gathered. All of them were waiting for the President to come while Palowan Gogoi went out to search for the President. A little later, Palowan Gogoi came back and reported that both the brothers of P.W. 1 were lying dead in the courtyard of the appellant. P.W. 1 Tulon Saikia then informed the matter to the police. At about 6-30 p.m. Tulon Saikia along with police went to the house of the appellant where he found both his brothers lying dead with cut injuries. One hand of Phani Saikia was found severed. This witness in his cross-examination stated that he also saw daos in the hands of his deceased brothers.

8. P.W. 2 is the younger brother of the appellant. He stated that on the day of occurrence on return from the field, he found his mother lying unconscious in the courtyard. He carried his mother inside and at that moment Pratima Bordoloi informed him to go to their house where a quarrel had taken place. He went there and found Phani Saikia and Khargeswar Saikia lying dead in the Verandah of the appellant's house. P.W. 3 Sri Prafulla Saikia was declared hostile. It was suggested to him that he had told the police that the appellant Moni Bordoloi told him that he had hacked both Phani and Khargeswar Saikia who came with daos to assault him. P.W. 13 the Investigating Officer also p