The court affirmed the conviction for murder, establishing that a single fatal blow with a weapon can constitute murder if intended to cause serious injury, rejecting claims of provocation.

JUDGMENT :

Manish Choudhury, J.

1. This criminal appeal from Jail is directed against a Judgment and Order dated 22.12.2016 passed by the Court of learned Sessions Judge, Nalbari in Sessions Case no. 129 of 2011. By the Judgment and Order dated 22.12.2016, the accused-appellant has been convicted for the charge of murder under Section 300, Indian Penal Code [IPC]. For finding him guilty for the charge of murder, the accused-appellant has been sentenced under Section 302, IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/-, in default of payment of fine, to undergo simple imprisonment for another two months. It has been ordered that the period of detention already undergone by the accused-appellant is to be set-off against the period of sentence.

2. The investigation commenced pursuant to institution of a First Information Report [FIR] by one Ajit Saloi [P.W.1] as the informant before the Officer In- Charge, Tihu Police Station at around 09-20 a.m. on 18.02.2011. On receipt of the FIR, the Officer In-Charge registered the same as Tihu Police Station Case no. 14/2011 for the offence under Section 302, IPC.

3. In the FIR [Ext.-1-1], the informant [P.W.1] had inter alia stated that Kaniska Saloi, who was the informant's younger brother, had a grocery shop by the side of the road in front of the residence of the informant and Kaniska Saloi. At about 07-45 a.m. on that day, that is, on 18.02.2011, Kaniska Saloi was having a conversation with one Ambika Barman [P.W.4], who used to reside in front of the informant's house. At that point of time, the accused coming to the place of occurrence with a dao on his hands, stopped near them. After a brief conversation amongst the three, the accused had suddenly hacked Kaniska Saloi on his neck from behind with the dao. It was further mentioned that after killing Kaniska Saloi, the accused ran away from the place. Expecting that his brother would survive the assault, the informant and others took him to Tihu PHC for treatment. But the doctors there declared Kaniska Saloi dead.

4. Upon registration of the FIR, the Officer In-Charge, Tihu Police Station entrusted the investigation of the case to one Bhaben Das [P.W.15], a Sub- Inspector of Police, attached to Tihu Police Station. On being entrusted and after making enquiry with the informant [P.W.1], the Investigation Officer [I.O.] of the case, P.W.15 proceeded to Tihu Hospital where the deadbody of the deceased was kept. The I.O. [P.W.15] found the deadbody with blood smeared in the wearing apparels. Having noticed a deep oblique cut injury on the neck below ear, the I.O. [P.W.1] took a photograph of the deadbody [Material Ext.-1]. Thereafter, the I.O. [P.W.15] proceeded to the place of occurrence [P.O.], that is, the spot in front of the grocery shop of the deceased where the alleged incident occurred. The I.O. also prepared a Sketch Map of the P.O. [Ext.-15]. A dao smeared with blood was also recovered from another place nearby vide a Seizure List [Ext.-10] in presence of witnesses. The statements of a number of witnesses including the seizure witnesses, were recorded by the I.O. [P.W.15] under Section 161, CrPC. In the meantime, an Executive Magistrate performed the inquest on the deadbody of the deceased and prepared an Inquest Report [Ext.-10]. The I.O. seized a number of articles vide two seizure memos, Seizure List [Ext.-2] and Seizure List [Ext.-14] from the P.O. After holding inquest, the deadbody was forwarded to Swahid Mukunda Kakati Civil Hospital, Nalbari for post-mortem examination. The post-mortem examination of the deadbody of the deceased was performed on 18.02.2011 itself by the then Senior Medical & Health Officer, Dr. Ramesh Chandra Goswami [P.W.8], Swahid Mukunda Kakati Civil Hospital, Nalbari and the Autopsy Doctor [P.W.8] prepared a Post-Mortem Examination [PME] Report [Ext.-9] recording his findings therein. The accused was arrested from Tihu town and after being arrested, he was produced before t