Crl.A. 206/2015. Gauhati High Court

Case Number:Crl.A. 206/2015
Judgement Date:February 23, 2021
Court:Gauhati High Court

THE GAUHATI HIGH COURT

(THE HIGH COURT OF ASSAM, NAGALAND, ARUNACHAL PRADESH AND MIZORAM)

Criminal Appeal No. 206 of 2015

Appellant/Accused …. Dandeswar Barman

Respondents …. The State of Assam

BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJIT SINGH HON’BLE MR. JUSTICE MANOJIT BHUYAN

For the Appellant/Accused … Mr.A Choudhury & Ms. M Konch, learned counsel,

For the Respondents … Mr. K Konwar, learned

Additional Public Prosecutor Date of hearing & Judgment … 23.02.2017

JUDGMENT AND ORDER

(Ajit Singh, C.J.)

The sole appellant Dandeswar Barman has been convicted on two counts for committing offences under Section 302 and 376 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/-, with default stipulations.

  1. The victim of the incident was a small girl-Anjumani Barman-aged about 12 years 2 months.

  2. According to the prosecution case, the appellant and the victim were neighbours. On 30/7/2005 the father Khargeswar Deka (PW-1) of the victim- went for daily work in the morning and her mother-Sumitra Deka (PW-10) also went for fishing leaving behind Anjumoni alone in the house. At about 12:30 P.M., Anjumoni was itching prickly heats on the body of appellant at gateway of his house. Seeing this her aunt-Durgeswai (PW-9)-called her home. Pradip Barman (PW-13) also saw Anjumoni itching the appellant. After sometime, when Sumitra came back home and found her daughter missing, she raised an alarm and searched for her. She even went to the appellant who was playing cards with Girish Barman (PW-11), Nila Barman (PW-12) and Achyut Deka (PW-19) and asked about Anjumoni, but he denied having any knowledge about her whereabouts. However, on vigorous search the

    dead body of Anjumani was found in the sugarcane field of the appellant which is adjacent to his house. Lachit Barman(PW-2), Hareswar Barman (PW-3), Jibeswar Barman (PW-4), Dwijen Barman (PW-6) and other covillagers also saw her dead body lying there. She was found to be raped and murdered by strangulating her neck. The persons observed bite marks over her cheek, chest and strangulation marks over her neck and blood coming out from her private parts.

  3. Kanthi Saikia (PW-15) then informed the police and Sub-Inspector Sohrab Ali (PW-25) immediately rushed to the place of occurrence. Father-Khargeswar of Anjumoni also made ejahar (Exhibit-1) at police station Baihata Chariali of Kamrup District.

  4. Sohrab Ali investigated the case, got the inquest done by Guru Dutta Lahkar (PW-16).Guru Dutta found sign of strangulation mark of left hand in the neck of Anjumoni and black stain on her left ear and eye. He also saw injury marks in the back side and upper lip of her and stool in her buttock as well as blood stain in her private parts. Exhibit-12 is his inquest report. Sohrab Ali also questioned the witnesses, drew sketch map etc. He sent the dead body of Anjumoni for Post-mortem examination.

  5. Dr. Putul Mahanta (PW-17) conducted post-mortem examination on Anjumoni on 31/07/2005...

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