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1. This is an appeal directed against the judgment and order dated 20.3.1996 passed by the learned Sessions Judge at Silchar in Sessions Case No. 67 of 1992 convicting the three accused appellants under Section 302/34 IPC and sentencing them thereunder to imprisonment for life and to pay fine of Rs. 5,000 each, in default, to further two years' rigorous imprisonment.

2. We have considered the records of the case, impugned judgment and order and have heard Mr. A.K. Bhattacharyya, learned senior counsel for the accused-appellants, and Mrs. K. Deka, learned Public Prosecutor appearing for the State respondent.

3. The relevant facts which are necessary for disposal of this appeal are summarised as follows. On 14.11.1988 at about 9-50 P.M/., Sub-Inspector of Silchar Police Station, PW. 11 received a telephonic call from one Mrs. Tapati Endow (not examined) that her younger brothers Parijat and Babla (accused appellant Nos. 1 and 2 respectively) were being assaulted by Tutan (deceased) and two others at Ambicapatty Chowrangi. P.W. 11 made a General Diary Entry Ext. 11 and directed town Sub-Inspector P.W.12 to proceed to the place of occurrence, P.W.12 arrived there at 9-58 P.M. and an old man told him very briefly that some persons assaulted his cousin (Tutan) and that he had been taken to Sitchar Civil Hospital. P.W.12 rushed to the Civil Hospital, but before he reached there Tutan was shifted to Silchar Medical College Hospital. P.W.12 arrived there at 10-20 P.M. The doctor declared him dead. P.W.12 held the inquest (report Ext. 7) and arranged for post mortem examination (report Ext. 6). The same night at 1-00 A.M. in the Medical College Hospital the deceased's uncle Swapan Roy gave P.W.12 the FIR Ext. 13 stating inter-alia - "At Medical College Shri Joy Dutta (P.W. 9) and Sadhan Chakraborty (P.W.4) told me that the incident happened in front of them before they could do a thing to rescue Debajit (@ Tutan) by Shri Bidhan Nath, his brother Babla and their cousin Suman Nath (3 accused/appellants), all were armed with daos". P.W.12 forwarded this FIR to Silchar Police Station for reregistration of a case under Section 302/34 IPC and in the Medical College Hospital itself examined and informant Swapan Roy, Sadhan Chakrabarty (P.W.4), Subhasis Dutta Choudhury (P.W.9), Swapan Kr. Ghosh (not examined), Dulal Paul (not examined) and others. The same night at 3 A.M. P.W.12 searched the house of accused appellants Bidhan, Babla and Suman named in the FIR, Ext. 13 and found them absconding. Receiving secret information that they fled away towards Tikarbasti, P.W.12 went there but no trace could be found out. He signalled all the police station of Barak Valley for their arrest. Next morning P.W.12 visited the place of occurrence, drew the sketch map Ext. 14. P.W.12 found some dried up blood marks on the slab of the Sanitaiy latrine and also near the entrance door of the front room of P.W. 2's house. Ext.4 is the seize list and ext. 2 is the seized blood contents kept in a polythene bag. In search of the accused appellants, P,W. 12 visited different placed of Cachar district and also Shillong and Guwahati. Message was sent to the Police at Calcutta. P.W.12 submitted a prayer Ext. 15 to the Chief Judicial Magistrate for issuing warrant of arrest and proclamation and attachment warrant. Accused Partha Pratim, a P.W.D. Junior Engineer, was found absent from his office from 15.11.1998. Accused Parijat Kusum Nath. an Assistant Labour Inspector, was also unauthorisedly absent from his duty. At last on 12.2.1989 the three accused-appellants appeared in Silchar Police Station after obtaining anticipatory bail from the High Court . The prosecution case as revealed, during investigation, is that on 14.11.1988 at about 9-45 P.M. at Ambicapatty Chowrangce there had been altercation between the deceased and three accused appellants, the former then started running towards the house of P.W.2 chased by the latter with dao like weapons in their hands. They assaulted him in front of P.W.2's house and then dragged him towards the latrine of the said house, again assaulted him with the weapons in their hands and then fled away. The deceased succumbed to his injuries in the same night. On completion of investigation the police submitted charge-sheet against all the 3 accused appellants under section 302/34 IPC.

6. Mr. A.K. Bhattacharyya, learned Senior counsel for the accused appellants, has led us minutely through the evidence on record. It has been amply proved by the prosecution and has not been disputed by the defence that on the night of 14.11.1988 the deceased sustained injuries in his person and succumbed to such injuries on the same night. At Silchar Medical College Hospital, the doctor declared him dead in the Casualty Department at 10-45 P.M. The Investigating Officer P.W.12 held inquest. As per inquest, cut injuries were found on the right side of the upper lip, nose and on the neck behind the right ear, piercing through the ear, on the left hand between the middle and ring fingers, on the right shoulder, on the left side of the back, above the right heel and on the left ankle. The next day the Associate Professor Forensic Medicines, P.W.10 performed the post mortem examination and found the following ante mortem injuries:-

8. Now, the question is whether the 3 accused appellants caused the death of the deceased. Of the total twelve witnesses examined by the prosecution in this case, seven, viz., P.Ws. 1, 2, 3, 5, 6, 7 and 8 did not say anything in the trial to connect the accused-appellants with the alleged offence. P.W. 10 is the doctor who performed the post mortem examination on the dead body of the deceased. P.Ws. 11 and 12 are two Sub-Inspectors of Police: the former received the phone call and at his instance the latter proceeded to the place of occurrence, received the FIR Ext. 13 at Silchar Medical College Hospital and investigated the case and submitted charge sheet. As regards implication of the accused appellants with the alleged offence, the prosecution is thus left with P.Ws. 4 and 9 who claimed to have seen them inflicting fatal injuries on the deceased.