Crl.A(J) 165/2004 - Gauhati High Court

17. PW 6 is the uncle of the deceased. After hearing the
incident in the market he visited the place of occurrence and
saw Hasen Ali lying dead. This witness has further deposed
that in his presence police came for investigation and seized
one bicycle and a bag, containing one Khukri and two bombs
vide Ext-1. PW 6 is also a witness to the inquest report. In the
cross-examination, he has admitted that he was also an accused
in a case of murder of Jahar and Sahar. PW 3 has also admitted
in the cross-examination that his father was also an accused in
the same murder case. Be that as it may, one new fact has
emerged in the cross-examination of PW 6 that just four days
prior to the murder of Hasen Ali, the witnesses had harvested
black gram along with the deceased that was cultivated by the
accused and one day prior to the murder, the deceased had
allegedly assaulted one Ajahar and Samsul. In this way, PW 6
has also spoken about the enmity in between accused and the
deceased.
18. PW 7 is the doctor who had conducted necropsy on the
dead body. It is necessary to reproduce the number and nature
of the injuries, which will answer the question as to whether the
culpable homicide of Hasen Ali was intentional and as to
whether five persons could be involved in the said offence. The
external injuries are as below :
“1. Cut injury 3” x ½” x ½ in right side of scalp.
2. Cut injury 1” x ½” x 1/3” in right ears.
3. Cut injury 2” x 1” x ½” in left side of face.
4. Deep lacerated wound in left side of neck 6”x2”x
6”, injuring all the major blood vessels.
Criminal Appeal No.165(J)/04 Page 11 of 11