Criminal Appeal No. 74 (J) of 2013. Case: Hema Bhagat Vs State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 74 (J) of 2013
CounselFor Appellant: Mrs. M. Buzarbaruah, learnedAmicus Curiae, Adv. and For Respondent: Mr. KA Mazumdar,learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Sections 302, 201; Code of Criminal Procedure - Section 313
Judgement DateSeptember 20, 2016
CourtGuwahati High Court


Mr. Ajit Singh, C.J

  1. The sole appellant Hema Bhagat has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation. He has also been convicted under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for two years and fine of Rs.1000/- with default stipulation. The jail sentences have been ordered to run concurrently.

  2. The victim of the incident was Puski Bhagat, aged about 34 years.

  3. According to the prosecution case, the appellant had earlier killed his father-in-law and was convicted under Section 304 Part II of the Indian Penal Code vide judgment dated 20.5.2004 in Criminal Appeal No. 25(J)/1999. And later, 3-4 days prior to 3.7.2012, he beat his wife Puski Bhagat to death in his house. He then buried her dead body underneath the floor.

  4. Bikash Limbu (PW-4) had seen the appellant quarrelling and beating Puski Bhagat. Whereafter, Bikash Limbu did not see Puski Bhagat for 3-4 days. He, therefore, became suspicious and informed about it to Village Headman Biswajit Sengupta (PW-1). Likewise, President of Village Defence Party Dipak Nandi (PW-2), Swapan Paul (PW-3) and Partha Dutta (PW-5) were also informed. All of them then went to the house of appellant. At that time, he was sitting in his courtyard. On seeing the Village Headman and President of the Village Defence Party, he tried to run away but was caught by them. And on their asking, he first told that Puski Bhagat had gone to her parental house and would return after few days. But when the mobile number of Puski Bhagat was asked, the appellant shivered and pleaded that he may not be beaten as he would disclose everything. The appellant then narrated that he had killed Puski Bhagat with a lathi and buried her body underneath the floor of his house. On hearing this, Biswajit Sengupta made the ejahar exhibit 1 at Police Station Bordubi. Investigating Officer -- Moni Mohan Koch (PW-9) immediately rushed to the place of occurrence along with his team. There he found the appellant confined by the villagers.

  5. The floor of the appellant''s house was then dug up by the police pursuant to his disclosure statement and body of Puski Bhagat was exhumed.The body was also identified to be that of Puski Bhagat. The body was partially decomposed. Dr. Apurba Kumar Borthakur (PW-6) conducted the post mortem examination on the dead body. He found one lacerated wound...

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