S.I.Saraf, V.D.Gyani, JJ. - (1.)This appeal is directed against the judgment dated 15-11-1994 delivered by learned Sessions Judge Dibrugarh in Sessions Case No. 133(D)/92 there by holding the appellant guilty of offence punishable u/s 302 IPCand sentenced him to undergo imprisonment for life.
(2.)Prosecution case stated in brief was that on 15th August. 1991, around midnight an altercation between two brothers Mongal Jita and Khagen Jita took place. Hearing the hue and cry two sons ofMongal Jita went to the place and enquired as to what was going on. They lived in the same compound surrounded by wall. It is alleged that accused Khagen Jita brought out a Dao from his house and dealt a dao blow on Mongal Jita, which resulted in the following injuries as noted by the Medical Officer. P.W. 7 in his postmortem examination report: 1 Head is separated from the trunk of the level of neck by 4 (four) numbers of incised wounds. (a) Incised wound 26 x 4 cm. size running from right side of neck to left chest wall, Skin, muscles, 1st rib, vessels, nerves, trachea, oesophagus and left side of the clevicle are cut. (b) One incised wound in front of the neck running from clevicle to cervical vertebra, Skin, muscles, vessels, trachea, oesophagus are cut completely. (c) One incised wound in front of the neck which severs the head (decapitate) from the trunk by cutting all structures at the level of 2nd cervical vertebrae. (d) Incised wound from left shoulder to neck in beveled manner cutting shoulder joint clevicle and part of the neck with skin muscles and vessels, nerves and trachea. 2 Incised wound 8 x 2 cm. x bone deep, cutting the lower end of the radius in the right wrist joint. 3. The incident was reported to the police by Shamu Goala the son of the deceased examined as P.W. 6. This Ejahar, Ext. 4, resulted in registering a case u/s 302 IPC. It was taken under investigation by P.W. 8, who proceeded to the place of occurrence and held an inquest as per Ext.
(3.)It is the prosecution case that the accused appeared at the police outpost carrying along with him the dao and the severed head of his brother Mongal. He was arrested by P.W. 8 and it was at his instance that the headless body lying in the courtyard of the accus.ed house was shown to the police. The head was placed joining the trunk and it was found by the 1.0. P.W. 8 that both the parts were of the same person. The dead body was sent to Medical College Hospital for autopsy, which was performed by P.W. 8. The dao produced by the accused was also seized as per Ext. 1. On completion of investigation the accused was forwarded to trial, he was charged and tried for the above offence. His defence as can be gathered from the statement recorded u/s 313 Cr. P.C. was one of plain denial denouncing the prosecution case as false The prosecution examined in all nine witnesses including the 1.0., P.W. 8 and the Medical Officer performing the autopsy, P.W. 9. The appellantTs wife Shefali P.W. 2 and sister Priya P.W. 1, the informant P.Ws. 6 and 7 are the sons of the deceased. The remaining two witnesses, P.W. 4P. Gora is an attesting witness to the inquest. Ext. 3, while P.W. 5. Krishna Kharia is the person who informed the Secretary of the Village Defence Party (V.D.P.) about the incident. It is the evidence of P.Ws. 1, 6 and 7 which is material for disposal of this appeal.