JUDGMENT :

The appellant herein, namely, Somna Boro @ Chamna Narzary, has preferred the instant appeal under Section 374(2) of the Cr.PC for assailing the judgment dated 25.01.2019 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No.112/2018, whereby he was convicted for the offence punishable under Sections 341/ 326/302 IPC and sentenced as below:-

“Accused Somna Boro is hereby convicted under sections 341/326/302 IPC and sentenced to undergo Rigorous Imprisonment for life along with fine of Rs.3,000/- (Rupees three thousand) only for convicted offence under Section 302 IPC. In default of payment of fine will undergo imprisonment for another period of 6(six) months. Further, he is sentenced with Rigorous Imprisonment for 5(five) years along with fine of Rs.1000/- (Rupees one thousand) only for convicted offence under section 326 IPC. In default of payment of fine will undergo imprisonment for another period of 2(two) months. The accused is also sentenced with a fine of Rs.500/- (Rupees five hundred) for convicted offence under section 341 IPC. In default of payment of fine will undergo simple imprisonment for 15(fifteen) days. The sentences will run concurrently.”

2. Brief facts relevant and essential for disposal of the appeal are noted herein below.

On 29.08.2013, one Rajendra Basumatary (PW- 1) lodged a written report (Exhibit-1) with the Officer-in- Charge of Kachugaon Police Station alleging inter alia that on the previous day, i.e. on 28.08.2013 at around 6:30 PM, while his father Bimal Basumatary was coming from Hell Bridge Bazaar on his bicycle, suddenly he was attacked by the accused/appellant, namely, Somna Boro, somewhere on the way to Dudua Gate near Gongia river. According to Bimal Basumatary, the accused/appellant was trying to finish him at the spot but somehow he managed to escape from the hands of the accused/ appellant.

Immediately thereafter, Bimal Basumatary (father of the informant) was admitted to Kachugaon Block Primary Health Care. As the condition of his father was very serious, the Doctor advised that the injured should be provided with a better medical attention.

On the basis of this written report, a formal FIR No.37/2013 came to be registered at the Kachugaon Police Station for the offences punishable under Sections 341/326/307 IPC and investigation was commenced.

3. Shri Bimal Basumatary expired on 29.08.2013 while undergoing treatment at MJN Medical Hospital, Cooch Behar, upon which the dead body was subjected to autopsy by the Medical Officer of the said Hospital, namely, Dr. Subrata Haldar, who prepared the post mortem report (Exhibit-2), taking note of the following injuries:-

(i) One sharp cut injury was noted at left cheek admeasuring 7 CM bone deep.

(ii) Surgical stitches with silk were noted at forehead. On dissection, one sharp cut injury was noted admeasuring 10 Cm in length and was bone deep.

(iii) Surgical stitches at parietal region. On dissection, one sharp cut injury was noted admeasuring 15 CM long upto bone deep. On dissection, clotted of blood into brain tissue was found.

The cause of death as per the findings in the post mortem report was shock and hemorrhage because of the injuries which were opined to be homicidal and sufficient in the ordinary course of nature to cause death.

4. After the death of Shri Bimal Basumatary, offence punishable under Section 302 IPC was added to the case. Statements of various witnesses were recorded under Section 161 Cr.PC. The accused/appellant absconded and thus, proceedings of proclamation and attachment were taken against him. Charge-sheet was filed against the accused/appellant in his abscondence. The accused/appellant surrendered in the Court of the Sub-Divisional Judicial Magistrate, Gossaigaon on 08.06.2016, on which the case was committed to the Court of Sessions Judge, Kokrajhar. Charges were framed against the accused/appellant for the offences punishable under Sections 341/326 and 302 IPC. He pleaded not guilty and claimed trial