Testimony of an injured witness is highly reliable due to the built-in guarantee of presence. The sudden fight exception applies to culpable homicide when committed without premeditation in the heat of passion, provided the offender takes no undue advantage of the situation.

JUDGMENT :

MITALI THAKURIA, J.

1. Heard Ms. S. Medhi, the learned counsel for the appellant. Also heard Mr. B. Sharma, the learned Additional Public Prosecutor appearing on behalf of the State respondent.

2. This is an appeal u/s 374 Cr.PC challenging the impugned judgment dated 11.08.2023 and the order of sentence dated 14.08.2023 passed by Court of learned Sessions Judge, Kokrajhar in Sessions Case No. T1/24/2021 (corresponding to G.R. Case No. 625/2021), convicting the accused/appellant for the offence u/s 304 Part II and u/s 324 IPC and sentenced to undergo R.I for 10 years u/s 304 Part II of and to pay a fine of Rs. 10,000/- with default stipulation and also sentence to undergo to 3 years R.I for offence committed u/s 324 along with a fine of Rs. 1,000/- with default stipulation.

3. In brief the case of the present appellant is that an FIR dated 20.05.2021 is lodged by the informant Sri Pradyut Kr. Brahma before the Officer Incharge, Kokrajhar P.S. alleging inter alia that on 19.05.2021 at around 9:30 PM while the informant’s brother-in-law Sibu Prasad Brahma went to close the main gate, the accused/appellant assaulted Sibu Prasad Brahma with a sharp weapon due to which he died at MRM Hospital, Kokrajhar. It is further alleged that the accused/appellant also assaulted one Ashok Boro with sharp weapon causing grievous injury on his person. On the basis of the FIR a case has been registered under Kokrajhar P.S. Case No. 380/2021 u/s 120(B)/302 IPC and the investigation was accordingly started. After completion of investigation charge- sheet is also laid against the present accused/appellant u/s 120(B)/324/302 to face the trial.

4. After filing of the charge-sheet the case is accordingly committed before the learned Sessions Judge and accordingly relevant copies were provided to the accused/appellant and finding a prima facie case, charge is also framed against the accused-appellant u/s 302/324 IPC. The prosecution has examined as many as 10 nos. of witnesses including informant, MO and I/O. The accused/appellant pleaded not guilty, but has not adduced any evidence in support of his case. The statement of the accused/appellant also recorded u/s 313 Cr.PC to which he pleaded not guilty. After recording of the evidence and hearing argument put forward by the learned counsels for both sides, the learned Sessions Judge, Kokrajhar had passed the judgment & order dated 11.08.2023 convicting the accused/appellant u/s 304 Part II/324 and thereby sentenced to undergo R.I for 10 years u/s 304 Part II of and to pay a fine of Rs. 10,000/- with default stipulation and also sentence to undergo to 3 years R.I for offence committed u/s 324 along with a fine of Rs. 1,000/- with default stipulation.

5. Being aggrieved and dissatisfied by the judgment & order passed by the learned Sessions Judge, Kokrajhar the present appeal has been preferred by the accused/appellant.

6. It is submitted by Ms. Medhi that the judgment & order had been passed in a very mechanical manner without any application of mind and without appreciating all the facts and circumstances and thus the learned Court below had erred in law as well as facts and hence the judgment & order passed by the learned Sessions Judge is liable to be set aside. It is submitted that the learned Sessions Judge did not appreciate the evidence of both PW- 3 and PW-5, who