The central legal point established in the judgment is the application of Exception 4 of Section 300 of the Indian Penal Code, which considers assaults resulting from sudden quarrels, without premeditation, and in a heat of passion.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. M. Dutta, learned Amicus Curiae appearing for the appellant. Also heard Mr. K. Baishya, learned Additional Public Prosecutor appearing for the State of Assam.

2. This Criminal Appeal (J) has been registered under Section 374(2) of the Code of Criminal Procedure, 1973 on the basis of a petition of appeal filed by the appellant, namely, Sri Ganesh Tanti, which was forwarded by the Superintendent Central Jail, Tezpur, impugning the Judgment dated 05.04.2019, passed by the Court of learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 74/2018, whereby, the present appellant was convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- (Rupees Five Thousand only) and in default of payment of fine to undergo further rigorous imprisonment for 2(two) months. The appellant is presently detained in Central Jail, Sonitpur.

3. The facts relevant for consideration of this appeal, in brief, are as follows:-

i. That on 14.10.2017, one Dipak Tanti (PW-3) had lodged an FIR (First Information Report) before the Officer-in-Charge of Dhekiajuli Police Station, inter-alia, alleging that, on 13.10.2017 at about 7:30 PM, the maternal uncle of the first informant, namely, Raju Tanti was killed by his son, namely, Sri Ganesh Tanti (the present appellant) by assaulting him with punches and kicks after a quarrel broke out between them over some domestic issue.

ii. On receipt of the said FIR, Dhekiajuli P.S. Case No. 923/2017 was registered under Section 302 of the Indian Penal Code and an investigation was initiated. Ultimately, after the completion of the investigation, charge sheet was laid against the present appellant, namely, Sri Ganesh Tanti, under Section 302 of the Indian Penal Code.

iii. The appellant faced the trial in Sessions Case No. 74/2018, remaining in custody, and during the trial the prosecution side examined as many as 7 (seven) prosecution witnesses. The appellant was examined under Section 313 of the Code of Criminal Procedure, 1973 during which he pleaded his innocence and denied the truthfulness of the testimony of prosecution witnesses. However, no defence evidence was adduced for the appellant side.

iv. Ultimately, after completion of the trial, learned Sessions Judge, Sonitpur, convicted and sentenced the present appellant in the manner as has already been described in Paragraph No. 2 hereinbefore, by the Judgment dated 01.04.2019, which has been impugned in this instant appeal.

4. Before considering the rival submissions of learned counsel for both sides, let us go through the evidence that is available on record.

5. PW-1 Dr. Ranjan Kr. Das, the Medical Officer who had conducted the post-mortem examination on the dead body of Raju Tanti, S/o. Late J. Tanti on 14-10-2017 has deposed that on examination he found rigor mortis present, eyes and mouth closed, bleeding on the nose and mouth, and also found the following injuries on the dead body of Raju Tanti –

1. Multiple abrasions on the front of the abdomen,

2. Multiple abrasions on the face,

3. Sharp cut injury on the right eyebrow size: 4 cm x 2 cm x 2 cm,

4. Bilateral fracture of all the ribs of the chest,

5. Blood was collected in the pleurae, the right lung was ruptured in the lower lobe and the left lung was also ruptured in the lower lobe,

6. Blackish decolourization on the anterior wall of the abdomen, full of old clotted blood was inside the peritoneum cavity, the liver was ruptured on the right lobe.

7. Skull hematoma was found on the posterior aspect of the occipital lobe, size 6 cm x 5 cm x 4 cm. All the injuries were antemortem in nature.

The doctor opined that the cause of death was shock and haemorrhage as a result of injury sustained by the deceased. He proved the post-mortem report as Exhibit-1.

During cross-examination, he stated that the injuries sustained by the deceased cannot be caused by falling.

6. PW-2 Dhan Sharma, in his evidenc