Criminal Appeal No. 104 (J) of 2015. Case: Atowa Sanga Vs State of Assam & another. Guwahati High Court

Case NumberCriminal Appeal No. 104 (J) of 2015
CounselFor Appellant: Mr. RK Dutta, learned Amicus curiae, Adv. and For Respondent: Mr. Dhanesh Das, learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Section 302
Judgement DateSeptember 15, 2016
CourtGuwahati High Court


Mr. Ajit Singh, C.J

  1. The sole appellant Atowa Sanga has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2000/- with default stipulation.

  2. The victim of the incident was Silvesta Sanga, aged about 25 years. He was brother of the appellant.

  3. According to the prosecution case, the appellant and Silvesta lived separately in their respective houses though both the houses were contiguous. On 01.12.2012, sometime in the night, the appellant caused injury on the back side of the head of Silvesta with catapult (a Y-shaped implement with a loop of elastic fastened to the ends of the two prongs, used mainly by children for shooting small stones) as a result of which, he died in his house. The appellant then went to the house of Jogen Tanti (PW-2) and stated that Silvesta had went out of the house when some miscreant caused injury on his head due to which he died within 10 minutes after returning home. Jogen Tanti in turn made ejahar exhibit 6 at Police Out-Post Chariduar falling within the jurisdiction of Police Station Rangapara.

  4. The Investigating Officer, Lakhi Kanta Borah (PW-8) immediately rushed to the house of Silvesta. There he found the body of Silvesta lying on the floor. He also found blood oozing out from the back left side of the head of Silvesta. During investigation, Lakhi Kanta Borah discovered that around 9 p.m. Silvesta had taken meal and went out of his house, but returned home around 11.45 p.m. in an injured stage. He also discovered that Silvesta died after being struck on the head by some miscreant. Lakhi Kanta Borah made inquest report on the dead body of Silvesta in this regard. But later he arrested the appellant on 2.12.2012 and pursuant to his memorandum of statement, seized one catapult from the house of Silvesta.

  5. During trial, the appellant abjured his guilt and pleaded false implication.

  6. The trial court relying upon the extra judicial confession of appellant and seizure of catapult convicted and sentenced him as aforesaid.

  7. There is no eye witness to the incident. As seen above, Lakhi Kanta Borah had found...

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