Lalu Karmakar S/o Sri Ram Charan Karmakar vs State Of Assam Represented By The Public Prosecutor, Assam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Gau) 1164

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MICHAEL ZOTHANKHUMA, MITALI THAKURIA, JJ.
Lalu Karmakar S/o Sri Ram Charan Karmakar – Appellant
Versus
State Of Assam Represented By The Public Prosecutor, Assam - Respondent
Crl.A(J) 42 of 2023
Decided on : 09-10-2023

Advocates:
Advocate Appeared:
For the Appellant : MS R.D. MAZUMDAR (AMICUS CURIAE)
For the Respondent: MS. B. BHUYAN(ADDL.PP, ASSAM)

Headnote:
Indian Penal Code,1860 - Section 302 – Criminal Procedure Code,1973 - Section 313 – Offence of Murder – Appeal against Conviction – Held, it is seen that deceased did not sustain multiple injury and she mainly sustained injury on her belly region and cause of her death is rupture of spleen – It can be concluded that there was a single blow from the accused/ appellant on belly region of deceased – Had his intention been to kill her, he would in all probability have given more blows or would have used some kind of weapon to assault victim – There is no evidence that accused/appellant had any premeditation to commit murder of deceased – Criminal appeal stands disposed of.

JUDGMENT :

M. Thakuria, J

Heard Ms. R. D. Mazumdar, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State respondent.

2. This jail appeal has been preferred against the judgment & order, dated 17.02.2023, passed by the Additional Sessions Judge Cum Special Judge, POCSO, Tinsukia, in Sessions Case No. 111 (T) of 2022, whereby, the learned Additional Sessions Judge, Tinsukia, has convicted the present appellant under Section 302 of the Indian Penal Code and thereby sentenced him to undergo Rigorous Imprisonment for life and also imposed fine of Rs. 5,000/- (Rupees five thousand) only and in default to undergo Simple Imprisonment for 1 (one) month.

3. The brief facts of the prosecution case is that on 22.05.2022, one Reena Muna, wife of Late Ram Charan Karmakar of Badlabhata T.E. Spring Line, had expired at Longswal Central Hospital. During her treatment at the hospital, the deceased stated before the nurses of the hospital that she was physically assaulted by her son-Lalu Karmakar (present appellant) in the evening of 18.05.2022, resultant to which she received injuries and on 19.05.2022, the deceased was taken to the hospital in an ambulance and thereafter she was shifted to Longswal Central Hospital in a critical condition, where she succumbed to her injuries on 20.05.2022. After coming to know about the same, one Dhiren Manki of Badlabhata T.E. Spring Line, lodged the F.I.R. before the Officer-In-Charge of Doomdooma Police Station and on the basis of which, Doomdooma P.S. Case No. 155/2022, under Section 302 of the Indian Penal Code, was registered and on completion of investigation, the I.O. submitted the Charge-Sheet against the present accused/appellant under Section 302 of the Indian Penal Code.

4. The Charge was accordingly read over and explained to the convict appellant, to which he pleaded not guilty and claimed to be tried. The prosecution examined as many as 11 (eleven) numbers of witnesses in support of their case and also exhibited some documents. The accused appellant took the plea of total denial and he has not adduced any evidence in support of his case. The statement of the accused was also recorded under Section 313 Cr.P.C. where he pleaded not guilty.

5. After recording the evidence and hearing arguments forwarded by the learned counsel for both sides, the learned Additional Sessions Judge has passed the judgment and order and convicted the present accused/appellant under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life along with a fine of Rs. 5,000/- in default S.I. for another 1 (one) month.

6. On being aggrieved and dissatisfied with the judgment and order passed by the learned Additional Sessions Judge, the present appeal has been preferred by convict accused/appellant from jail.

7. The learned Amicus Curiae for the appellant, Ms. R. D. Mazumdar, has submitted that there is no eye witness in the present case and the entire prosecution case is based only on oral dying declaration of the deceased which she reportedly gave before the nurses of the hospital where she was initially admitted for treatment. She further submitted that it is the claim of the prosecution that the deceased gave her dying declaration where she reported about the assault on her by her son (present accused/appellant) before the P.Ws.-3, 4 & 5, the nurses of the hospital where she was admitted for treatment, but there is no mention about the treatment given to her and apart from that, there is also no mention in the statement of the witnesses as to what kind of injury she had sustained, for which she had to be admitted in the hospital. From the statement of these witnesses, it only reveals that her condition was critical in the night hours on 19.05.2022, when she felt pain in her lower abdomen and she also faced difficulty in urinating. Thereafter, she was admitted in Longswal Central Hospital, but there is no evidence as to whether the deceased died only out