Crl.A. 119/2015. Gauhati High Court

Case Number:Crl.A. 119/2015
Judgement Date:January 25, 2017
Court:Gauhati High Court
SUMMARY

Appeals against conviction for offences under IPC

 
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THE GAUHATI HI GH COURT

(THE HI GH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MI ZORAM)

Criminal Appeal No. 119 of 2015

Appellant/ Accused …. Mandip Rava

Respondents …. The State of Assam

BEFORE

HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE SUMAN SHYAM

For the Appellant/ Accused … Mr. UK Das, learned counsel

For the Respondents … Mr. M Phukan, learned Additional

Public Prosecutor, Assam

Date of hearing & Judgment … 25.01.2017

JUDGMENT AND ORDER

( Aj it Sin gh , C.J.)

The sole appellant Mandip Rava has been convicted under Section 302 of the I ndian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/ - with default stipulation. He has also been convicted under Section 201 of the I ndian Penal Code and has been sentenced to undergo imprisonment for 5(five) years and fine of Rs. 500/ -, with default stipulation. The jail sentences are directed to run concurrently.

  1. The victims of the incident were the wife Rina Rava and minor daughter Monika Rava of the appellant. Rina was 25 years old whereas Monika was about 5 years of age at the time of death. Rina was pregnant at the time of her death.

  2. According to the prosecution case, on 19.10.2001 Maghu Ram Rava (PW-1) and his wife-Chitra Rava (PW-2) were informed by one boy named Debu Rava of village Chokabaha that the dead body of their daughter Rina was found lying in the forest. Rina was married to the appellant and they had a 5 years old daughter Monika from their wedlock. Both Maghu and Chitra went to the place and saw their daughter Rina lying dead. Her body was partially decomposed. Cousin Milan Rava (PW-4) of Rina also came to know

    about the discovery of the dead body and saw the body of Rina. By that time other villagers also arrived there. Pradip Rava (PW-5) and Ramani Rava (PW-8) who were also co-villagers made ejahar-Exhibit-1 at Police Station Boko on 24/ 10/ 2001. Akshay Das (PW-12)-the then officer in charge of Boko Police Station- on receipt of the First I nformation Report, came to the place of occurrence and got the inquest done over the dead body of Rina in presence of Pradip (PW-5), Manmohan Rava (PW-7) and Ramani Rava (PW-8). Exhibit-3 is the inquest report. Akshay Das also seized one steel bowl from the place of occurrence in presence of Motiram Rava (PW-6). Pradip, Manmohan and Ramani knew both the appellant and his wife Rina. The body of Rina was then sent for Post-Mortem examination to the Guwahati Medical College and Hospital.

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