Point of Law : Injury by accused inflicted by him is sufficient in ordinary course of nature to cause death or not, must be determined in each case on the basis of facts and circumstances.

JUDGEMENT :

Malasri Nandi, J.

1. Heard Mr. B.D. Das, learned Sr. Counsel assisted by Mr. H.K. Sarma, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State and Mr. B.D. Konwar, learned Sr. Counsel assisted by Mr. H. Agarwal, learned counsel for the respondent No. 2.

2. The appellant being the sole accused in Sessions Case No. 151/2017 on the file of Sessions Judge, Bongaigaon, charged and convicted for life for the offence punishable under Section 302 IPC and to pay a fine of Rs. 10,000/-in default to undergo 6(six) months simple imprisonment and for 5 (five) years rigorous imprisonment for the offence under Section 27 of Arms Act, 1959 and to pay a fine of Rs. 5,000/-in default to undergo 2(two) months simple imprisonment, has filed this criminal appeal. All sentences were directed to run concurrently.

3. The case of the prosecution is that on 02.01.2016, the informant Nwrwm Basumatary lodged an Ejahar before the O/C Kokrajhar P.S. Stating inter-alia that on 01.01.2016 at about 8.00 P.M. a surrendered NDFB member Rakesh Brahma who lives near the surrendered NDFB Camp, Kokrajhar, primary office at Sudempuri, shot Rajan Brahma @ Daren Brahma from a close range with his registered pistol near the bunker of B.T.C. Chief, as a result of which, he died on the spot. The members of the office brought the dead body to the courtyard of the office. After the incident Rakesh Brahma fled away from the scene.

4. It is also the case of the prosecution that on the day of incident i.e. on 01.01.2016, New Year party was going on in the NDFB camp as well as in the house of the accused/appellant. Crackers were bursted to celebrate the New Year party. Alarmed with the bursting of crackers the accused/appellant fired three blank shots. When the informant approached the house of the accused to enquire about the firing, a quarrel took place between the informant and the accused/appellant. When the quarrel was going on, the deceased i.e. Daren Brahma @ Ranjan Brahma came to the house of the accused/appellant and asked them to stop fighting, as a result of which, the accused rebuked him and went inside his house, brought out a pistol and shot at Daren Brahma as a result of which, he died on the spot.

5. The prosecution sought to prove its case by examining 15(fifteen) witnesses and producing 11(eleven) documents and 9(nine) material objects. On the other hand, the defence examined 5(five) witnesses including the accused/appellant in support of their case. Perusal of the entire evidence shows that the prosecution has based its case mainly on the testimonies of three eye-witnesses i.e. PW-1 Nwrwm Basumatary, PW-2 Bilifang Narzary and PW-3 Kumar Narzary. PW-10, is the doctor who conducted post-mortem on the dead body of the deceased. Exhibit-5, is the P.M. report. The opinion of the doctor is that the death was due to shock and haemorrhage following bullet injury.

6. After completion of investigation, charge-sheet was submitted against the accused/appellant under Section 302 IPC and Section 27 of Arms Act, 1959. The Court of Addl. CJM, Kokrajhar took cognizance of the case on the basis of charge-sheet submitted by the Investigating Officer and committed the case to the Court of Sessions. The trial Court of Sessions Judge, Kokrajhar framed charges under Section 302 IPC and 27 of the Arms Act to which the accused/appellant pleaded not guilty and claimed to be tried.

7. It is pertinent to say here that in view of the order passed by this Court in Transfer Petition (Crl.) no. 14/2018 dated 23.07.2018 to transmit the case record to the Court of Sessions Judge, Bongaigaon vide order dated 07.08.2018, the Sessions Judge, Kokrajhar transferred the case record pertaining to Kokrajhar Sessions Case No. 43(k)/2018 to the court of Sessions Judge, Bongaigaon for further trial and accordingly, the subsequent trial was held in the Court of Sessions Judge, Bongaigaon.

8. During trial, learned Sessions Judge, Bongaigaon recor