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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ACHINTYA MALLA BUJOR BARUA, MALASRI NANDI, JJ.
Puna Bakti Sibsagar, Assam - Petitioner
Versus
The State of Assam, Rep. by PP, Assam - Respondent
Crl.A(J) No. 81 of 2019
Decided On : 15-06-2022
Indian Penal Code, 1860 – Sections 300, 302 and 304 Part II – Criminal Trial - Offence of Murder – Convicted – Appeal - Informant stated that in evening hours, his daughters came to him while he was grazing cows inside bagan and informed that accused/appellant had killed his younger brother by cutting with one Kalam Katari (dao) on road in-front of their house. It is deposed that his daughters informed him that there was a quarrel between two brothers and in course of quarrel, accused/appellant had killed the deceased. When he returned back home, he saw the dead-body of his younger son was lying on side of road adjacent to courtyard with cut injuries on his neck - Court view that evidence on record would lead us to a conclusion that act of causing death of deceased by accused/appellant in manner as revealed from evidence on record would be an offence punishable under Section 304 Part II of IPC. (Para 23)
Finding of the court :
Apart from evidence of PW-2 that the deceased had turned away from the place of quarrel and at that stage the fatal blow was inflicted, the other evidences makes it discernible that fatal blow was inflicted in course of the quarrel and scuffle that was taking place between the accused/appellant and the deceased and the evidence of injury found on accused/appellant leads us to a conclusion that the act of giving the fatal blow by accused/appellant upon the deceased cannot be stated to have been done with knowledge that it is likely to cause death of the deceased - Court view that evidence on record would lead us to a conclusion that act of causing death of deceased by accused/appellant in manner as revealed from evidence on record would be an offence punishable under Section 304 Part II of IPC - Conclusion arrived at by learned Sessions Judge in the judgment and order that conduct of accused/appellant while in custody was of good behavior and secondly accused/appellant had shown remorse to the act of him causing death of his younger brother, court view that a sentence of 07(seven) years of rigorous imprisonment by retaining fine as imposed by learned Sessions Judge would be sufficient for purpose of sentencing accused/appellant - Accordingly, having convicted accused/appellant under section 304 Part II of IPC.
Result: Jail Appeal disposed of
JUDGMENT :
A.M. Bujor Barua, J.
Heard Mr. A. Dhar, learned Amicus Curiae for the accused/appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor for the State of Assam assisted by Mr. J. Das, learned counsel.
2. This is an appeal filed by the accused/appellant against the judgment and order dated 07.03.2019 in Sessions Case No. 123(S-N) of 2018 of the learned Sessions Judge, Sivasagar, whereby the accused/appellant was convicted under Section 302 of the Indian Penal Code (in short IPC) and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs. 1000/- (one thousand) and in default of payment of fine, further simple imprisonment of 01(one) month. Being aggrieved, this appeal is preferred by the accused/appellant from jail.
3. The prosecution case in brief is that an oral information was lodged before the in-charge of Lakuwa police outpost on 12.08.2018 by the informant Debo Bakti inter-alia stating that at about 4.00 p.m., his son Puna Bakti had hacked his youngest son to death with a dao. The information also contained that an altercation had taken place over some issues of family property following which the death was caused.
4. Upon investigation, the charge-sheet was submitted and the accused/appellant was charged that on 12.08.2018 at about 4.00 p.m., he had committed murder by causing death of his youngest brother Tukheswar Bakti of Nahorhabi Tea Estate under Simaluguri Police Station and thereby committed the offence punishable under Section 302 of the IPC.
5. In course of the trial, the informant Debo Bakti as PW-1 in his deposition stated that on 12.08.2018 in the evening hours, his daughters Sunu Bakti and Champa Bakti came to him while he was grazing cows inside the bagan and informed that the accused/appellant Puna Bakti had killed his younger brother by cutting with one Kalam Katari (dao) on the road in-front of their house. It is deposed that his daughters informed him that there was a quarrel between the two brothers and in course of the quarrel, the accused/appellant Puna Bakti had killed the deceased Tukheswar Bakti. When he returned back home, he saw the dead-body of his younger son Tukheswar Bakti was lying on the side of the road adjacent to the courtyard with cut injuries on his neck. Upon seeing the dead-body, the PW-1 along with his daughters and wife Kalawati went to the Lakuwa police outpost and informed the matter. He also stated that the accused/appellant Puna Bakti lived in a separate house near his house. In cross examination, PW-1 admitted that he had not seen the incident of assault by the accused/appellant upon the deceased.
6. PW-2 Champa Mura, who is the elder daughter of the informant in her deposition stated that on 12.08.2018 at about 4. 00 p.m., while she returned from the market along with her 10(ten) years old daughter after purchasing chicken and reached in front of her parental house, she saw that the accused/appellant Puna Bakti was quarreling with the deceased Tukheswar Bakti and after some moment, the accused/appellant Puna Bakti inflicted a dao blow with one Kalan Katari dao on the neck and abdomen of the deceased Tukheswar Bakti. The witness also stated that the accused/appellant Puna Bakti also gave dao blows on the face and leg of the deceased Tukheswar Bakti. The witness further stated that upon getting the cut injury, the deceased Tukheswar Bakti fell down and died and that her sister Sunu Bakti was also an eye witness to the incident.
In cross examination, PW-2 stated that it is not a fact that it was not stated before the police that the accused/appellant Puna Bakti caused cut injuries in the abdomen, face and leg of the deceased Tukheswar Bakti. PW-2 also stated in her cross examination that the accused/appellant Puna Bakti and deceased Tukheswar Bakti were engaged in a scuffle between them and initially both of them fell down on the road.
7. PW-3 Sunu Bakti, who is the other daughter of the informant Debu Bakti, in her deposition stated that o
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