Bogabagh Division of Kanu Tea Estate. One Basanta Gogoi, P.W.2 testified as an eye-witness. Basanta Gogoi deposed to the effect that he was a Chowkidar of Bogabagh Tea Estate and the deceased, Dilip Das, who was also a Chowkidar in the tea garden, was his co-employee. As per his testimony, at around 04-40 p.m. on 20.08.2017 when he and deceased were on duty, they found the accused stealing green tea leaves. When the accused was questioned, the accused cut the deceased on his neck by a dao. Seeing the assault, P.W.2 stated to have fled from the scene shouting. Immediately thereafter, the deceased with blood all over on his person, also reached the place. At that moment, the wife of the deceased, Moni Das [P.W.3] arrived there and asked the deceased about the matter. The testimony of Moni Das [the wife of the deceased], who testified as P.W.3, corroborated the testimony of P.W.2 as regards the time and death of the incident. P.W.3 stated that she saw her husband coming towards their house having blood all over the body, fell on the road. P.W.3 further stated that when she asked about the matter, she was told by the deceased that the accused had cut him. The testimony of P.W.6, Rahul Dey has supported the testimony of P.W.2 and P.W.3 deposed to the effect that he saw the accused coming down towards his house and when he asked the deceased, he was told by the deceased that the accused had hacked him. All these three prosecution witnesses stated that they saw injuries on the neck and hand of the deceased. P.W.6 further stated that he saw the accused running away from the scene.
