Goutam Bindia S/o. Lt. Sukra Bindia vs State Of Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 90

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
LANUSUNGKUM JAMIR, KARDAK ETE, JJ.
Goutam Bindia S/o. Lt. Sukra Bindia – Appellant
Versus
The State Of Assam – Respondent
Crl.A(J) 36, 37 of 2020
Decided on : 04-04-2023

Advocates:
Advocate Appeared:
For the Appellant : MS. M BARMAN, AMICUS CURIAE

Headnote:
Indian Penal Code, 1860 – Section 302, 143, 109, 120(B) – Criminal Procedure Code, 1973 – Section 313, 164 – Evidence Act, 1872 – Section 6 – Offence of murder – Punishment for criminal conspiracy – Committing murder – Charges framed – These two appeals have been preferred assailing judgment and order passed by Court of Sessions Judge, in connection with Sessions Case whereby, both appellants have been convicted under Section 302 of Indian Penal Code, 1860 for committing murder and sentenced to undergo rigorous imprisonment for life and also to pay fine each and in default of payment of fine, both convicts shall undergo imprisonment – Held, Court are of view that evidences of these witnesses pertaining to assault, seizures and eye witness of occurrence which resulted in death of victims/deceased(s) are credible, reliable and trustworthy and appears credible, and conviction of appellants by Court can be based on testimony of PW-12 which is corroborated by other evidences which warrants no interference – Court have, therefore, no incertitude in holding that evidences led by prosecution establishes charges brought against appellant(s) in beyond reasonable doubt – Therefore, learned Trial court had rightly convicted them – Appeals dismissed.

JUDGMENT :

Kardak Ete, J

Heard Ms. M. Barman, learned Amicus Curiae in Crl. A.(J) No. 36/2020 and Mr. N. Hasan, learned Amicus Curiae in Crl. A.(J) No. 37/2020. Also heard Ms. S. Jahan, learned Additional Public Prosecutor representing the State of Assam.

2. These two appeals have been preferred by Shri. Goutam Bindia and Gopi Binjia @ Bindia assailing the judgment and order dated 30.08.2019 passed by the Court of Sessions Judge, Tinsukia in connection with Sessions Case No. 9 (T) of 2018 whereby, both the appellants have been convicted under Section 302 of the Indian Penal Code, 1860 for committing the murder of Dilip Kishan and Sivaratri Karmakar and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 25,000/-each and in default of payment of the fine, both the convicts shall undergo imprisonment of 6 months.

3. The prosecution case, in a nutshell, is that on 15.08.2017 at about 11 PM, the accused Gopi Binjia @ Bindia led a mob to the house of Dilip Kishan. They suspected that Dilip Kishan and his wife Sivaratri Karmakar were practising witchcraft in the village. The mob forcibly dragged out Dilip Kishan and Sivaratri Karmakar and lynched them. On the next day, i.e., 16.08.2017, Debaru Mura had lodged an ejaharbefore the Officer-in-Charge, Doomdooma Police Station stating that he is a line chowkidar of line No. 10 of Hansara Tea Garden. Around 11:00 pm, on 15.08.2017, a person namely Shri. Gopi Minz of the line, accompanied by some other persons (both male and female) of the line, called Dilip Kishan and his wife Sivaratri Karmakar from their house which is situated in the same line and suspecting them to be witches, they brought them across the garden and killed them on the road of the line near their house by dealing fist and kick blows and blows with lathi. On receipt of the Ezhaar, FIR was registered being Doomdooma P.S. case No. 239 of 2017 under Section 143/109/120(B)/302 of Indian Penal Code, 1860 and the matter was entrusted to Shri. Jyotisman Neog, S.I. for carrying out the investigation of the case. Upon completion of the investigation, the I.O. had filed a chargesheet on 23.10.2017 against 31 accused persons (which includes both the convicts) namely: Sri Gopi Binjia, Sri Mahesh Bhumij, Sri Ram Mura, Sri Nirmal Garh, Sri Khalinder Bhowmij, Sri Baisaku Garh, Sri Ajay Karmakar, Sri Julum Mura, Sri Babul Mura, Sri Tufan Mura, Sri Gopi Khariya, Sri Sanjib Bhowmij, Sri Gautam Bindia, Sri Ramesh Rajput, Smt.i Rita Garh, Smti. Binti Bindiya, Smti. Sukurmoni Mura, Smti. Krishma Bindiya, Smti. Tanuja Tanti, Smt. Malti Bindia, Smti. Tina Mura, Smti. Mangali Bindia, Smti. Puno Mura, Smti. Arti Garh, Smti Laxmi Tanti, Smti Phulko Bishnu, Smti. Niha Bhowmij, Smti. Anu Murah, Smti. Mangli Mura and Smti. Sabitri Sibu.

4. On 15.12.2017, the Additional Chief Judicial Magistrate, Tinsukia committed the matter to the Court of Sessions Judge, Tinsukia as the offence under Section 302 of Indian Penal Code, 1860 is exclusively triable by the Court of Sessions Judge. On the date of committing the case to the Sessions Judge, Tinsukia, one accused namely Pinki Manik was reported to have died, accordingly, the case stood abated on the death of the accused Pinki Manik. Based on the chargesheet, charges were framed against all the accused persons. Since the accused persons had pleaded not guilty and claimed to be tried, the matter went up for trial.

5. During the investigation 13 (Thirteen) Nos. Of bamboo sticks of different sizes were found scattered nearby the dead body of the victims Dilip Kishan and Sivaratri Karmakar at Raidang T.E. Hansara Division Line No. 10 and it was seized on 16.08.2017. Inquest was conducted on the dead bodies of the deceased Dilip Kishan and Sivaratri Karmakar on 16.08.2017 by the police. The inquest report is Ext. 4-4(7) and Ext. 5-5(7). The dead bodies of Dilip Kishan and Sivaratri Karmakar were also subjected to post mortem examination. On examination of the dead body of Dilip Kishan, the