Y. Ibotombi Singh, J. -A man starts to seek his origin when he cannot control his carnal desire. Therefore, a person, who cannot control his sexual desire, has become a menace to society. This case illustrates the brutal or ferocious acts of a person who could not control his carnal desire.

2. Shri Taranath Tamuli lodged the First Information Report (Exhibit) on 5.10.1984 at 4-30 P.M. on the basis of report from Madan Nayak, Chowkidar. It was stated that accused Hem Chandra Nayak reported the -Chowkidar in the morning that he had killed a woman of the tea garden in the night and concealed the dead body inside the nulla of section 14 of the garden, Case was registered at Chabua Police Station and investigated into. The accused also surrendered before the Officer of Chabua Police Station that day The case being committed to the Court of Sessions, the accused Hem Ghandra Nayak faced trial for the charges under sections 376/302/201 of the Indian Penal Code by pleading not guilty.- The Sessions Judge found the accused guilty of all the three charges and sentenced him to suffer imprisonment for 7 years with fine of ,Rs. 1,000/-, imprisonment for life and imprisonment for 2 years with fine of Rs. 200/- for the offences under section 376/302/201 I.P.C. respectively. Hence, this appeal by the accused-convict. ,

3. . The prosecution case was that deceased Assambati Bhumiz was returning home alone after enjoying 'Puja Ceremony' in the night or 4.10.1984. On her way, she met the accused and requested him to escort her. Taking advantage of her helpless state, the accused dragged her inside the tea garden and forcibly raped her; and then pressed her neck on the ground and cut her throat with a knife causing death. The accused concealed the dead body inside a nulla to disappear evidence of the crime. On the following, morning, the, accused, in order to give relief to his tormented mind, came to the house of Madan Chowkidar (P.W.2), and informed him that he had killed a woman and asked him to report the matter to the Manager. Thereafter, the accused went to Chabua Police Station and surrendered before the Officer. His confessional statement was recorded by the Judicial Magistrate (P.W.8) on 11.10.1984 in accordance with the provision of section 164 Cr. P.C.

4. The Investigating Officer recovered the dead body of the deceased from the said nulla on the pointing of the accused and held inquest over the dead body. Some bruise marks were found over the forehead and one incised wound on her neck,

5. Doctor N. Sonowal (P.W. 10) performed autopsy over the dead body of the c deceased Assambati Bhumiz and found the following injuries:-

1. "10x3 cm. skin deep incised wound on the right side of the forehead,

2. 1x2cm. skin deep in the middle of forehead.

3. 5 cm.x2 cm. skin deep in fee middle of the forehead. The following incised wound found in the neck :-

1. 10 cm. x3 cm. Incised wound on right side of the neck as its upper part cutting skin, muscle, vessels traches and oesophagus. The tail of the wound was on the right side

2. 10 cm. x 3 cm, incised wound present on the lower part of the front of the neck cutting skin, muscles, vessels and traches. 10x4 cm., multiple abrasion on the chest wall.

The Doctor opined that the injured died instantaneously due to shock and haemorrhage as result of die cutting of the throat. It is proved beyond doubt that death was due to unlawful violence or criminal act. There is no dispute about it. On examination of the private part of the deceased and presence of semen therein, the doctor opined that she was raped before causing her death. Therefore, the only point for our determination is as to whether the accused was responsible for the murder after committing rape on her.

6. There was no eye witness of the occurrence. The conviction of the accused was entirely based on the confession of the accused before the Magistrate and also on the extra judicial confession made by the accused before Madan Chowkidar (P.W. 2).

7. Shri K: P

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