The central legal point established is the application of exception 4 to Section 300 of the IPC, allowing for a reduced punishment based on the heat of passion and sudden quarrel.

JUDGMENT

Suman Shyam, J. - Heard Mr. K. Goswami, learned Amicus Curiae appearing for the appellant. Also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State. Mr. B.C. Das, learned Legal Aid Counsel appears on behalf of the informant.

2. This appeal has been preferred from the jail by the sole appellant who was convicted under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/- with default clause for committing murder of Sanjay Majhi.

3. The prosecution case, in a nutshell, is that on 13/10/2016 at around 8-30 a.m., the accused Mangra Majhi @ Anil Majhi had a quarrel with Sanjay Majhi on the road over some matter and thereafter, murdered the deceased by hacking him in the neck and hand by a "copi dao".

4. The elder brother of the deceased Sri Bijit Majhi (PW-1) had lodged an ejahar on 13-10- 2016 before the Officer-in-Charge of Lahdoigarh Police Out-post, based on which, Teok PS Case No. 444/2016 was registered under Section 302 of the IPC and the matter was entrusted for investigation to S.I. Shri Pabitra Kumar Bora. Upon completion of investigation, the I.O. had submitted charge sheet, based on which, charge was framed against the accused under Section 302 of the IPC. Since the accused had pleaded not guilty, the matter went up for trial.

5. During the course of trial, the prosecution side had examined as many as 7 (seven) witnesses. The statement of the accused was recorded under Section 313 of the Cr.P.C. whereby he had denied having assaulted Sanjay Majhi but the defence side did not adduce any evidence.

6. The prosecution story is primarily based on the testimony of two eye witnesses i.e. PWs 4 and 6.

7. The informant in this case i.e. PW-1 has deposed before the Court that in the morning of the day of the incident, at about 8-30 a.m., when he was having meal in his house, at that time a covillager Sanjay Majhi came to his house and informed that the accused Mangra Majhi has cut his brother Sanjay Majhi and put him in the ground near the house of Sahensha. He immediately rushed to the place of occurrence and found his brother's dead body lying on the ground. The co-villagers then went to the house of the accused and not only apprehended him but also man-handled the accused. The witness has further deposed that the co-villagers took his brother to the Jorhat Medical College and Hospital (JMCH) and later on, post-mortem examination was conducted on the dead body. At around 4 p.m. on that day, the PW-1 went to the Lahdoigarh Police Out Post and lodged an FIR informing about the incident. Ext. 1 is the FIR and Ext. 1(1) is his signature.

8. Pw-2 Sri Mukesh Mandal is another villager who had deposed that on 13/10/2016 at around 8-30 a.m., he came out and saw the accused holding a dao in his hand and proceeding towards his house. Later on, he saw deceased Sanjay Majhi bleeding at a distance of over 10 ft. from his house. This witness was later declared as a hostile witness as he did not support the prosecution case. During his cross examination, PW-2 has, however, denied having stated to the Police that his covillager Mangra Majhi had a quarrel with Sanjay Majhi over some matter and thereafter, Mangra Majhi hacked Sanjay with a "copi dao"; that Sanjay Majhi had sustained cuts on both hands while protecting himself and that Mangra Majhi had intentionally killed Sanjay Majhi by hacking him in the neck.

9. Pw-3 is the doctor who had conducted post mortem examination on the dead body of the deceased on 13/10/2016 in the JMCH. As per the post mortem report Ext-2, the following injuries were found in the dead body:-

"WOUNDS, POSITION AND CHARACTER-

Injuries:-

(i) Incised wound of size 10 cm x 3 cm x bone deep is present over left lateral side of upper part of neck which is horizontal, the anterior end lies 2 cm below ear lobule.

(ii) Incises wound of size 9 cm x 0.5 cm x muscle deep is present just below above injury.

(iii) Incised wound of size 7 cm x 3 cm x bone deep