Criminal Appeal No. 74 (J) of 2013. Case: Hema Bhagat Vs State of Assam. Guwahati High Court
| Case Number | Criminal Appeal No. 74 (J) of 2013 |
| Counsel | For Appellant: Mrs. M. Buzarbaruah, learnedAmicus Curiae, Adv. and For Respondent: Mr. KA Mazumdar,learned Additional Public Prosecutor. |
| Judges | Mr. Ajit Singh, C.J |
| Issue | Indian Penal Code - Sections 302, 201; Code of Criminal Procedure - Section 313 |
| Judgement Date | Tuesday September 20, 2016 |
| Court | Guwahati High Court |
Judgment:
Mr. Ajit Singh, C.J
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.
The victim of the incident was Puski Bhagat, aged about 34 years.
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.
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...
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