Criminal Appeal No. 19 (J) of 2013. Case: Bipin Mura Vs State of Assam. Gawahati High Court

Case NumberCriminal Appeal No. 19 (J) of 2013
CounselFor Appellant: Ms. P. Bhattacharya, Amicus Curiae Mr.S.Borgohain and Ms. B Devi, Advocates. and For Respondent: Mr. Dhanesh Das, learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Sections 302, 304
Judgement DateSeptember 16, 2016
CourtGawahati High Court

Judgment:

Mr. Ajit Singh, C.J

  1. The sole appellant Bipin Mura has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.

  2. The victim of the incident was Bortolam Tigga, aged about 55 years.

  3. According to the prosecution case, Bortolam was uncle of the appellant. Both of them were neighbours and their houses had a common fence. Since Bortolam had no electricity connection, his son Basil Tigga (PW-2) and daughter Bibiana Tigga (PW-3) often used to go to the house of appellant to watch television. On the night of 9.5.2008 around 9 p.m. Basil was watching television in the house of appellant. At that time, Bibiana also went there to watch television. But Bibiana instead of entering the house through a normal route crossed the fence by making a gap in it. The mother of appellant rebuked Bibiana for her this conduct. In the result, the mother of Bibiana brought her back to their house and closed the door. When appellant returned home, he came to know about the quarrel between his mother and Bibiana. He then became angry and quarreled with Basil who had stayed back in his house to watch television. Thereafter, the appellant went to the house of Bortolam and abused him filthily. In a fit of anger he also assaulted Bortolam with a wooden stick on his forehead and nose. Bortolam was immediately taken to garden hospital from where he was referred to Golaghat Civil Hospital for proper treatment. But there he succumbed to his injuries.

  4. Gabriel Tigga (PW-1) made the ejahar exhibit-1 at the Numaligarh Police Out Post falling within the jurisdiction of Police Station Golaghat. On receiving the information, Liakat Ali (PW-12) rushed to the place of occurrence. He also authorized Sub Inspector Nakul Rajkhowa (PW-11) to make the inquest report on the dead body of Bortolam. The inquest report prepared by Nakul Rajkhowa is exhibit-2.

  5. Dr. Dilip Deka (PW-4) conducted the post mortem examination on the dead body of Bortolam. He found abrasion over face, nose and lips; one contusion over forehead, fracture of nasal bone and frontal bone and laceration of meninges and brain matter underneath the fracture. Dr. Dilip Deka in his post mortem examination report exhibit-3 opined that Bortolam died due to injuries caused to him which were ante mortem in nature.

  6. During trial, the appellant abjured his guilt and pleaded false implication. The appellant however, did not...

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