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2005 Supreme(Gau) 682
IN THE HIGH COURT OF GAUHATI
D. Biswas, Aftab H. Saikia, JJ.
Binoy Jyoti Nag – Appellants
Vs.
State of Assam – Respondent
Criminal Appeal Nos. 231 and 240 of 2000
Decided On: 15.09.2005
For Appellant/Petitioner/Plaintiff: A.K. Goswami, A. Talukdar, T. Baidya, J.M. Choudhury, B.M. Choduhhary and N. Bharali, Advs.
For Respondents/Defendant: B. Sinha, Adv.
The main legal point established in the judgment is the reliance on strong and consistent evidence, including eyewitness testimonies and medical reports, to establish guilt beyond a reasonable doubt.
Headnote:
Conviction - Criminal Law - IPC - Section 147/148/149/447/324/326/302 - Summary of Acts and Sections: IPC Section 147, IPC Section 148, IPC Section 149, IPC Section 447, IPC Section 324, IPC Section 326, IPC Section 302
Fact of the Case:
The accused were convicted under various sections of the Indian Penal Code for encroaching upon the victim's homestead, causing injuries, and intentionally causing the death of the victim. The incident arose from a pending land dispute between the parties.
Finding of the Court:
The court found the prosecution's evidence, including eyewitness testimonies and medical reports, to be strong and overwhelming, establishing the guilt of the accused beyond a reasonable doubt. The court dismissed the appeals, upholding the conviction.
Issues: The main issues revolved around the occurrence of the incident, the nature of the injuries sustained, and the presence of a pending land dispute as a motive for the crime.
Ratio Decidendi: The court relied on the consistent and credible eyewitness testimonies, supported by medical evidence, to establish the guilt of the accused. The absence of blood marks at the scene of the crime was not considered sufficient to discredit the prosecution's evidence.
Final Decision: The appeals were dismissed, affirming the conviction of the accused.
D. Biswas, J.
1. The aforesaid four Appellants were tried by the learned Sessions Judge, Karimganj in Sessions Case No. 22/90 and on conclusion of trial, by the judgment dated 28.7.2000, were convicted under Section 147/148/149/447/324/326/302 I.P.C. On such conviction, accused Smriti Bala Das was let off on admonition and other accused persons sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.500/-, in default, to suffer one month rigorous imprisonment under Section 148 I.P.C. Accused Nripesh, Ashulal, Binoy and Sujit were sentenced to undergo two years rigorous imprisonment and to pay a fine of Rs.500/-, in default, to further rigorous imprisonment for one month under Section 324 I.P.C. Accused Nripesh, Ashulal and Binoy have been sentenced to rigorous imprisonment for life and to pay a fine of Rs.1,000/-, in default, to two months imprisonment under Section 302 I.P.C. for causing death of Debendra Das intentionally. It maybe mentioned here that Sujit Das who has been convicted along with other accused persons has not preferred any appeal. Accused Anil Das has in the meantime expired and Appellant Mintu Das is on bail.
2. Ext. 8 is the FIR lodged before the Officer-in-Charge of Badarpur Police Station on 22.12.1996 by Kaushyalaya Bala Das (P.W. 1) alleging that at about 2 P.M., on 22nd December, 1996 accused Shri Nripesh Ch. Das, Shri Binoy Nag, Shri Anil Ch. Dey and Shrimoti Smritibala Das armed with deadly weapons like rod, Crowbar, dao, spear etc. encroached upon her homestead and killed her husband Shri Debendra Das, injured severely her dauhters Purnima Rani Das and Nilima Rani Das and her nephew and niece Shri Krishna Das and Shrimoti Sibani Das. It is further informed in the FIR that the injured persons have been undergoing treatment at Karimganj Civil Hospital and the dead body of her husband Debendra Das was lying at the homestead.
3. On receipt of the ejahar, the police registered Badarpur P.S. Case No. 260/96 dated 22.12.1996 under Section 147/148/ 447/325/326/302 I.P.C. P.W. 12, Md. Basir Uddin Laskar, Sub-Inspector of Police was entrusted with the investigation of the case. He visited the place of occurrence, examined the witnesses, held inquest (Ext. 9) over the dead body and prepared a sketch map (Ext. 10). Eventually, on completion of the investigation, the I.O. submitted charge sheet.
4. On commitment, the learned Sessions Judge after compliance of all the formalities, framed charge against (1) Nripesh Chandra Das, (A2) (2) Smriti Bala Das, (3) Binoy Nag, (A1) (4) Anil Kumar Nag, (5) Ashulal Das,(A3) (6) Mintoo Das (A4) and (7) Sujit Das under Section148/149/447/324/326/302/34 IPC. The charges were read over to the accused persons to which they pleaded not guilty and claimed to be tried. Thereafter, the learned Sessions Judge proceeded with the trial, recorded the statements of as many as 12 Prosecution witnesses and 2 Defence witnesses including the Investigating Officer and the Medical Officer. After examination of the accused persons under Section 313 Code of Criminal Procedure and on completion of the argument, the learned Sessions Judge delivered the above judgment convicting the accused persons.
5. At the very outset, we would like to go through the postmortem report and the injury report. P.W. 6 Dr. Arup Kumar Daityari had performed the postmortem examination on the dead body of deceased Debendra Das, P.W.7 Dr. Ranjit Baidya and P.W. 10 Dr. S. Das had examined the injured persons.
6. The injuries sustained by the deceased Debendra Das as evinced by of P.W. 6 Dr. Arup Kumar Daityari are as follows:
A tall man of average health about 60 years of age with rigor mortis present all over the body, Injuries
1) Eyes half closed with penetrating injury on the chest 1/2" Long x 1/4" breadth below the right nipple;
2) Right side in the mid-axillary line in 8th intercostals space 1/2"x1/4";
3) Right axilla apical region 1/2"x1/4".
No other sign of any injury seen. Other anatomical sifi
