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IN THE HIGH COURT OF GAUHATI
N. Kotiswar Singh, Soumitra Saikia, JJ.
Monirul Ahmed - Appellant
Versus
State Of Assam - Respondent
Crl A (J) No. 39 of 2018
Decided On : 12-03-2021
CRIMINAL APPEAL - SECTION 302 OF INDIAN PENAL CODE - CONVICTION FOR OFFENCE - LIFE IMPRISONMENT AND FINE - WITNESSES TESTIMONY - MEDICAL REPORT - INQUEST REPORT - SEIZURE LIST - WITNESSES STATEMENTS - ACCUSED STATEMENTS - SECTION 164 CR.P.C. - SECTION 161 CR.P.C. - SECTION 313 CR.P.C. - SECTION 27 OF THE EVIDENCE ACT - HELD, CONVICTION UPHELD.
Fact of the Case:
The informant, Md. Raham Ali lodged an FIR stating that on 11.10.2016 around 11.30 a.m his daughters, Rezia Khatun and Firoza Khatun went to the Birinchi River to take a bath. While they were bathing, one Monirul Ahmed, the husband of Rezia Khatun armed with a khukuri appeared there all of a sudden and dealt a blow on the left hand of Rezia Khatun. When Firoza Khatun tried to resist him, the accused shoved her down and threatened her that he would cut her if she adduced evidence against him. He dealt 3 (three) more blows to Rezia Khatun on her head. Seeing that Firoza Khatun went to the house of Sri Jagananda Adhikary raising uproar and informed that Rezia Khatun has been assaulted to death with a khukuri by her husband, Monirul. Hearing this, Jagananda went to the bank of the river and on seeing that incident he ran to the house of the informant and informed him. The informant in the FIR stated that Rezia Khatun had been in his house for 1 and months before the incident.
Finding of the Court:
The Trial Court below upheld the charge against the accused and convicted him of commission of offence under Section 302 of Indian Penal Code of committing culpable homicide amounting to murder of Rezia Khatun, who was his wife and sentencing him to Rigorous Imprisonment for Life amounting to pay a fine of Rs.10,000/- (Rupees ten thousand) only and in default a further term of Simple Imprisonment for 1 (one) year for his offence under Section 302 of Indian Penal Code.
Issues: 1. Whether the motive for killing the deceased allegedly by the accused can be sufficiently established? 2. Whether the testimony of P.W.2, who is the relative of the deceased as well as the informant who was the student of class-IX at the time of occurrence should be relied upon to arrive at a conviction of the accused? 3. Whether the evidences relied upon by the learned Trial Court cannot be said to led to a conclusion of the guilt of the accused beyond reasonable doubt?
Ratio Decidendi: 1. The submission of the learned Amicus is that motive on the part of the accused is not established cannot be accepted in view of the settled principles of law that where eye account evidences are available, absence of motive will have no significance. 2. In the present case there is only a sole eye-witness on whose testimony the Trial Court has convicted the appellant. It has been reiterated time and again by the Apex Court that a witness who is a natural one and is the only possible eye witness to the circumstances of the case cannot be said to be interested and therefore discarded. 3. Regarding non recording of separate disclosure statements by the police, the same will not affect the case put up by the prosecution in view of the testimony of P.W.4, P.W.5. P.W.6 and P.W.9 besides P.W.14 who had accompanied the police along with the accused and who had deposed that as shown by the accused the khukuri along with its cover which was used for the commission of the offence was recovered from the Deolguri Koborsthan as the same was seized by the Police by preparing a seizure list and the said witnesses were also the seizure witnesses.
Final Decision: The Jail Appeal is accordingly dismissed.
JUDGMENT
Soumitra Saikia, J. - This criminal appeal (J) under Section 374 of Cr. P.C is preferred by the accused/appellant-Monirul Ahmed (in jail) being aggrieved by the Judgment and order dated 20.12.2017 of the Sessions Judge, Chirang, Kajalgaon, whereby the appellant was found guilty for committing offences under Section 302 of Indian Penal Code and was convicted for the said offence. By the said Judgment the Sessions Judge, Chirang, Kajalgaon sentenced the accused person, for the offence committed under Section 302 of Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.10,000/- (Rupees ten thousand) only and in default to undergo Simple Imprisonment for 1 (one) year.
2. The prosecution case as projected is that on 12.10.2016 the informant-Md. Raham Ali was lodged an FIR stating therein that on 11.10.2016 around 11.30 a.m his daughters, Rezia Khatun and Firoza Khatun went to the Birinchi River to take a bath. While they were bathing, one Monirul Ahmed, the husband of Rezia Khatun armed with a khukuri appeared there all of a sudden and dealt a blow on the left hand of Rezia Khatun. When Firoza Khatun tried to resist him, the accused shoved her down and threatened her that he would cut her if she adduced evidence against him. He dealt 3 (three) more blows to Rezia Khatun on her head. Seeing that Firoza Khatun went to the house of Sri Jagananda Adhikary raising uproar and informed that Rezia Khatun has been assaulted to death with a khukuri by her husband, Monirul. Hearing this, Jagananda went to the bank of the river and on seeing that incident he ran to the house of the informant and informed him. The informant in the FIR stated that Rezia Khatun had been in his house for 1 and months before the incident.
3. The said FIR was initially received and registered at Bengtol Out-Post as GDE No. 281 dated 12.10.2016 and thereafter forwarded to Officer-in-Charge, Runikhata Police Station. The same was received and registered as Runikhata Police Station case No. 56/2016 under Section 302 of Indian Penal Code.
4. The matter was investigated by the police and charge under one head was filed against the accused. The case was charge-sheeted under Section 302 of Indian Penal Code and the case proceeded for trial. The prosecution supported its case by as many as 14 (fourteen) witnesses and Inquest Report, Post Mortem Report etc. On the evidences adduced in the trial, the Sessions Court, Chirang by Judgment dated 20.12.2017 convicted the accused for offence under Section 302 of Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.10,000/- (Rupees ten thousand) only and in default to undergo Simple Imprisonment for 1 (one) year for his offence under Section 302 of Indian Penal Code.
5. P.W.1, Md. Raham Ali is the informant. He deposed that the deceased-Rezia Khatun and the injured-Firoza Khatun were his daughters. He knew the accused-Monirul Ahmed, who was the son-in-law and who married his deceased daughter-Rezia Khatun about 7 (seven) months back from the date of occurrence. He deposed that the occurrence took place about 9 months back at about 11.30 a.m in the morning. He deposed that he was present in his house and the deceased-Rezia during that period was staying in his house. At the time of occurrence his deceased daughter, Rezia along with her sister, Firoza went to take bath in the river Birinchi, which is situated about 100 metres from her house. After about half an hour he heard Jagananda Adhikary raising hue and cry saying that Rezia was assaulted by the accused. On hearing this he rushed to the spot near the river and saw her daughter, Rezia floating in the river water and blood oozing from her body. After hearing hue and cry many people assembled at the place of occurrence. Thereafter, he along with the mother of the deceased and other villagers brought out the deceased from the river and kept her on the ground of the river bank. At tha
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