Back
IN THE HIGH COURT OF GAUHATI
D. Biswas, Aftab H. Saikia, JJ.
Pandav Koya
Vs.
State of Assam
Crl. Appeal No. 139 of 2003
Decided On: 21.09.2005
Confession - Murder - IPC 302/201
Fact of the Case:
The appellant was convicted under Sections 302/201 IPC for the murder and concealment of the dead body of the victim, his sister-in-law. The prosecution's case was based on an extrajudicial confession and the recovery of the dead body and incriminating articles at the instance of the appellant.
Finding of the Court:
The court found the appellant guilty beyond all reasonable doubt based on the extrajudicial confession made before witnesses and the magistrate, as well as the recovery of the dead body and incriminating articles. The court also noted the appellant's conduct, including not reporting the victim's missing status and the motive inferred from the victim's character.
Issues: The issues revolved around the admissibility of the extrajudicial confession and the applicability of Section 27 of the Evidence Act, as well as the appellant's conduct and motive.
Ratio Decidendi: The court held that the extrajudicial confession made before witnesses and the magistrate was admissible and formed the sole basis of conviction. The court also considered the appellant's conduct and motive as relevant facts under Section 8 of the Evidence Act.
Final Decision: The appeal was dismissed, upholding the appellant's convictions and sentences under Sections 302/201 IPC.
A.H. Saikia, J.
1. Heard Mr. M.H. Choudhury, learned Counsel for the Appellant and Mr. D. Das, learned Public Prosecutor, Assam.
2. The conviction of the Appellant Under Sections 302/201 , IPC and the resultant sentence handed down to him to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default, further rigorous imprisonment for six months under Section 302 IPC and further sentence to suffer rigorous imprisonment for 3 (three) years and to pay a fine of Rs. 500/- in default further rigorous imprisonment for three months Under Section 201 IPC when sentences were directed to run concurrently, have been assailed in this Criminal Appeal.
3. The prosecution case in a nutshell is that on 18.11.99 P.W.-1, Loyan Chachoni lodged an ejahar with Majbat Police Station complaining that her younger sister Smti Chiyanu Koya, aged about 35 years and wife of late Bheem Koya of line No. 22 of Lambari Tea Estate, having three children, went missing since last 'Dewali'. On enquiry, it came to light that Pandav Koya son of Dev Koya assaulted and killed her sister and kept her dead body burried under ground. On the basis of the said ejahar a criminal case was started under Sections 302/201 IPC.
4. On investigation, the police found the clue that the dead body of the Chiyanu was concealed by burying the same in the house campus of the Appellant who confessed that he murdered the deceased and buried her dead body in his house premises. The police requisitioned the services of the Executive Magistrate, P.W.-6 Nareswar Upadhyay and exhumed the dead body. The Appellant confessed before the police, Magistrate and the villagers that he committed such crime. Inquest report was prepared by P.W.-6. Dead body was sent to Mangoldoi Civil Hospital for post mortem examination. On being refused by the said Civil Hospital authority to accept the dead body, it was sent to Gauhati Medical College Hospital at Guwahati. P.W.-5, Dr. B.C. Roy Medhi conducted the post mortem of the dead body of Chiyanu Koya and he found the following injuries:
Partly decomposed and party saponified female deadbody wearing one white blouse and bra stained with earth and soil. Rigormortis passed off from the body. Body looks pale. Abdomen distended. Earth, sand and soil found in the mouth cavity.
Scalp hairs missing.
The scalp, chest, abdominal walls are saponified.
Injuries: (1) One contusion 4 c.m. x 3 c.m. present at anterolateral aspect of right arm 5 c.m. above the elbow joint. On dissection-contusion and harorrages present in the muscles underneath contusions and closed fractures of right humerus bone present. Blood clots are firmly adherent at fracture site.
Scalp: Scalp hairs saponified and present of contusion. On disSection 3 c.m. x 2 c.m. present on right side of frontal region. Skull, vertebrae healthy. Membrance and brain decomposed. The abdominal organs are found decomposed. Stomach-contains gas and no food materials.
Uterus-Healthy. Empty and parous.
Chest wall-On dissection contusions present in muscles over sternum and over inter-costal space on both sides.
Ribs-Right side 3rd to 8th fractured.
Left side-4th to 9th fractured. The pleurae and both lungs lacerated and decomposed. The pleural cavity contains about I lit. blood clots. Heart is decomposed. Chambers empty.
Opinion: Cause of death is due to haemorrhage and shock resulting from the injuries sustained on the body as described.
The injuries are antemortem and caused by blunt force impacts and homicidal in nature. Approximate time since death 10 to 14 days.
5. P.W.-5, in his evidence, opined that the cause of death was due to haemorrhage and shock resulting from injuries sustained on the body. His further opinion was that the injuries were ante mortem and caused by blunt force impacts and homicidal in nature. Approximate time since death 10 to 14 days.
6. During the course of investigation, the accused-Appellant produced the branch of tree with which he attacked the deceased and caused her death before the p
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
