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Page No.# 3/27

2. The prosecution case, as gathered from the materials on record, is that on 03.11.2003, at about 11:00 - 11:30 p.m., the appellant Putul Dutta (herein after referred to as the A-1) entered into a Pharmacy viz "Poly Drug House" situated in the campus of Sivasagar Civil Hospital and hacked Manash Dutta and Diganta Dihingia, who were the employees of Poly Drug House. The injured Manash Dutta and Diganta Dihingia were treated at AMCH, Dibrugarh after initial treatment at the Civil Hospital situated at Joysagar, Sivasagar. The injured Manash Dutta died while under treatment in the AMCH, Dibrugarh. The injured Diganta Dihingia also sustained cut injuries on various parts of his body and even his right middle finger got amputated. The A-1 hacked both the injured due to which the aforesaid Manash Dutta died. The appellant Monoranjan Dutta (hereinafter referred to as the A-2) also participated in the occurrence.

In his cross-examination by the prosecution, he denied having made statement to the police to the effect that "At about 11:30 p.m. having heard a hue and cry 'Hacked! Hacked!' I immediately came out and saw Putul Dutta proceeding towards the gate with a blood stained dao in his hand and then I along with Binod went to the Poly Drugs situated adjacently and saw Manas and Diganta lying in pool of blood on the bed in moribund state. I also noticed several cuts caused with dao on the person of both of them. I along with the nearby persons immediately took both of them to hospital". But, the Investigating Police Officer (PW21) who had recorded the statement of this witness deposed that PW14 had stated before him that at about 11:30 p.m. he heard a hue and cry "katilay" and on waking up say Putul going towards the gate carrying a blood soaked dao. Then, I and Binod went to Poly Drugs and saw Manash and Diganta lying in a blood soaked about dead condition in the bed. He also stated that he saw injuries caused by dao in both the person and thereafter they were taken to Hospital.

31. It appears from the evidence, reproduced above, that PW6 is one of the vital witnesses in this case. It has come out from his evidence that just before the occurrence, the A-1 had come to the pharmacy 'Poly Drug' and had some altercations with injured Diganta Dihingia. He had asked them to stop quarrelling. Then A-1 left saying that he would be coming back to Diganta Dihingia. The deceased Manash and injured Diganta were sleeping together. He had also retired to bed. About 20 - 30 minutes thereafter, the A-1 had come back and had enquired about Diganta Dihingia although Diganta did not come out. But, he Page No.# 19/27 had heard sounds which seemed to him that the A-1 was inflicting blows with lathi inside the pharmacy. Thereafter, the customers who had come to the pharmacy were heard saying that somebody had been cut. Then this witness got up and found that Manash Dutta and Diganta Dihingia were lying in an injured state. He found injuries on the fingers and hand of Diganta and also injuries on the back of Manash. He took both of them to the Civil Hospital. The evidence of PW6 is thoroughly supported by the PW15, i.e., injured Diganta Dihingia. It has come out from the evidence of PW15 that at the relevant time of occurrence, himself, PW6 and Manash Dutta were sleeping in the place of occurrence, i.e., 'Poly Drug'. He himself being the injured is an eye-witness to the occurrence. At about, 9:30 p.m., on the date of occurrence, the A-1 was making noise with filthy language infront of their pharmacy and Manash Dutta and himself had scolded A-1 and had sent him to his house. Thereafter, when they were asleep inside the pharmacy, the A-1 had dealt cut blows in his right arm. He woke up and found that A-1 had hacked them and his three fingers got cut and Manash Dutta was lying in an injured state in a pool of blood. The evidence of Ranjit Borthakur (PW6) and Diganta Dihingia (PW15/injured) is very clear to the effect that it was the A-1, who had hacked both of them, ultimately, resulting in the injuries to PW15 and death of Manash Dutta.

32. The evidence of PWs 2, 4, 5, 8 and 11, as reproduced above, leaves no doubt that Page No.# 20/27 the A-1 had hacked Manash Dutta and the injured Diganta Dihingia with the seized dao and immediately thereafter he had surrendered in the police outpost with the seized dao in his hands. All these witnesses had seen the A-1 proceeding with the weapon of offence in his hands and the PWs 4, 5, 8 and 11 had also heard the A-1 shouting that he had hacked somebody. Such evidence also receives corroboration from PW10 and PW14 as they had also witnessed the A-1 proceeding with a blood stained dao in his hands.