CRL.A(J) 132/2013. Gauhati High Court
| Case Number | CRL.A(J) 132/2013 |
| Judgement Date | January 18, 2020 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
(THE HI GH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MI ZORAM)
Criminal Appeal No. 132( J) of 2013
Appellant …. Robin Phukan
Respondent … The State of Assam
BEFORE
HON’BLE THE CHI EF JUSTI CE MR. AJI T SI NGH HON’BLE MR. JUSTI CE MANOJI T BHUYAN
For the appellant … Mr.U Choudhury, learned Amicus Curiae
For the Respondent … Mr. M Phukan,
Additional Public Prosecutor
Date of hearing & judgment… 18.1.2017
JUDGMENT AND ORDER
( Aj it Sin gh , C.J.)
The sole appellant Robin Phukan has been convicted under Section 302 of the I ndian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/ - with default stipulation. The trial court has, however, acquitted co-accused Ratan Phukan of the same charge.
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The victim of the incident was Dina Phukan, aged about 35 years.
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According to the prosecution case, the appellant, deceased Dina Phukan and Ratan Phukan were brothers. They lived separately, but in a close vicinity. The paddy crop of the appellant and Ratan were damaged by the cock of Dina. This lead to a quarrel on 23.7.2010 around 3.30 p.m. between Dina, on one side, and the appellant and Ratan, on the other side. Dina then dealt a blow on the head of Ratan with a lathi, due to which, the latter sat down on the ground. Dina tried to give another blow to Ratan, but
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Robin hacked Dina with a dao on his neck. The incident was witnessed by Beauty Phukan (PW-1) wife of Dina. Seeing the incident, she got terrified and ran away along with her two minor sons. Dina died on the spot. Ejahar exhibit 1 of the incident was made by Beauty Phukan at Police Station Gaurisagar against the appellant and Ratan. On receiving the information, Officer I ncharge of the Police Station, Ajoy Kumar Dutta (PW-13), immediately rushed to the place of occurrence. There, he found Dina lying dead with bleeding injuries on his body. He prepared the inquest report exhibit 2 of the dead body. He also arrested the appellant and Ratan. Thereafter, he seized one dao Material Exhibit 1, vide exhibit 4, on the disclosure statement of appellant.
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Dr. Biswajit Dutta (PW-2) conducted the post mortem examination on the dead body. He found four cut injuries on the neck, jaw, face and mouth. The doctor in his post mortem examination report Exhibit 3, opined that Dina died due to ante mortem cut injuries, which were possibly caused by the seized Material Exhibit 1 dao.
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At the stage of framing of charge, the appellant pleaded not...
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