Criminal Appeal No. 125 (J) of 2015. Case: Hemanta Das Vs State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 125 (J) of 2015
CounselFor Appellant: Mr.Z Hussain, learned Amicus Curiae, Adv. and For Respondent: Ms. Shamima Jahan, learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal Code - Section 302
Judgement DateSeptember 20, 2016
CourtGuwahati High Court


Mr. Ajit Singh, C.J

  1. Appellant Hemanta Das 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.

  2. The victim of the incident was Sudhir Mal, aged about 55 years.

  3. According to the prosecution case, on 29.4.2007 around 4 p.m., Sudhir Mal was going to the house of Ekadashi Mal (PW-2) from the house of informant Babul Mal (PW-1). On his way, when he reached near the local Lower Primary School, the appellant armed with a dao attacked him on the road. The appellant caused one injury on the right side of his back and another on his neck, as a result of which, he died on the spot. Both Babul Mal and Ekadashi Mal are sons of Sudhir Mal. Babul Mal made the ejahar exhibit 1 at Police Station Dholai wherein he categorically stated that he saw the appellant committing the crime. Earlier to making of ejahar, Babul Mal had also verbally informed the police that appellant had killed Sudhir Mal by causing injuries with a dao. This oral information was recorded in the General Diary as Entry No.583 dated 29.4.2007 in the same Police Station. The Entry is exhibit 7.

  4. Investigating Officer - Putul Bharali (PW-7) immediately rushed to the place of occurrence and found the dead body of Sudhir Mal lying on the right side on the road. Thereafter, he prepared inquest report exhibit 2 over the dead body. He then sent the dead body for post mortem examination. He also arrested the appellant from his house and seized one dao from his possession. The seizure of dao is exhibit 4.

  5. Dr. Manoj Kumar Sinha conducted the post mortem examination on the dead body of Sudhir Mal. He found one cut injury 4x2 cm below the angle of mandible at the lateral side of the neck. He also found one cut injury on the clavicle. The doctor opined that Sudhir Mal died due to cut injuries which were ante mortem and caused by a sharp cutting weapon. The post mortem examination report was proved by Dr. Gunojit Das (PW-5) who worked with Dr. Manoj Kumar Sinha and was acquainted with his handwriting and signature. The post mortem examination report is exhibit 3.

  6. During trial, the appellant denied the charge of committing the murder of Sudhir Mal and pleaded false implication. He, however, did not examine any witness in defence.

  7. The trial court relying upon the evidence of eye witnesses -- Babul Mal (PW-1), Ekadashi Mal (PW-2), Nandalal Mal (PW-3) and Rasomoy Mal (PW-4) convicted and...

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