Criminal AppealNo. 117 (J) of 2014. Case: Janmejoy Boro Vs The State of Assam & another. Gawahati High Court

Case NumberCriminal AppealNo. 117 (J) of 2014
CounselFor Appellant: Mr. I. H. Saikia, learned Amicus Curiae and For Respondents: Mr. Dhanesh Das, learned Additional Public Prosecutor, Assam and Ms. J. Phukan, learned counsel
JudgesAjit Singh, CJ and N. Chaudhury, J.
IssueIndian Penal Code - Section 302; Code of Criminal Procedure - Section 164
Judgement DateAugust 12, 2016
CourtGawahati High Court

Judgment:

Ajit Singh, CJ.

  1. Appellant Janmejoy Boro has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2,000/- with default stipulation.

  2. The victim of the incident was Rambhabati Boro, aged about 70 years. Unfortunately, she was mother of the appellant.

  3. Rambhabati Boro was widow. She was, therefore, totally dependent on the appellant (her son). Sadly she also suffered from paralysis and was confined to bed since last 3 years. Because of her sufferings, she often used to groan in agony. On 10.3.2013, at about 11 PM, when she was groaning, the appellant lost his cool and cut her neck with a dao. One son thus most inhumanly killed his own helpless mother. Pratima Boro (PW-7) wife of appellant felt so terrified that she ran away to another man''s house. The appellant too after killing Rambhabala Boro went to a nearby house and lied down. Ejahar exhibit 1 of the incident was lodged by Kalimohan Boro (PW-1) at Police Station Dudhnoi, District Goalpara on the following morning. The police immediately rushed to the spot along with one Magistrate and held the inquest exhibit 2 of the dead body. The police also seized one dao from the possession of the appellant. The seizure memo of dao is exhibit 3.Dr. Bichitra Kumar Bordoloi (PW-6) in his post mortem examination report exhibit 4 stated that Rambhabala Boro died due to ante mortem cut injury on her neck.

  4. The appellant after his arrest expressed his desire to make confessional statement. On 12.3.2013 Gokul Chandra Baruah (PW-9), the Officer in-charge of Dudhnoi Police Station therefore made a prayer to the court for recording the confessional statement of appellant. Biprajit Roy (PW-8) then recorded the confessional statement exhibit 6 of the appellant wherein he admitted killing of Rambhabala Boro with a dao.

  5. During the trial the appellant abjured his guilt. But while being examined as an accused, he admitted making of confessional statement before the Magistrate. He however said that at that time he was not in his senses.

  6. The trial court relying upon the evidence of prosecution witnesses as well as confessional statement of appellant convicted and sentenced him as aforesaid.

  7. The confessional statement of appellant recorded by Biprajit Roy (PW-8) reads as under:-

    " My mother Rambhabati Boro had been lying bed ridden for three years or so due to paralysis. Lying down on the bed, she used to groan. On the night of the...

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