Criminal Appeal No. 12 (J) of 2015. Case: Lakhiram Garh Vs The State of Assam. Guwahati High Court
| Case Number | Criminal Appeal No. 12 (J) of 2015 |
| Counsel | For Appellant: Mr. Ujjal Choudhury, learned Amicus Curiae and For Respondents: Mr. K.A. Mazumdar,learned Additional Public Prosecutor, Assam |
| Judges | Ajit Singh, CJ and N. Chaudhury, J. |
| Issue | Indian Penal Code - Section 302; Code of Criminal Procedure - Section 313 |
| Judgement Date | August 12, 2016 |
| Court | Guwahati High Court |
Judgment:
Ajit Singh, CJ.
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Appellant Lakhiram Garh has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.
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The victim of the incident was Hiramoti Garh, aged about 50 years. She was also the wife of appellant.
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Appellant and Hiramoti lived together in a small house having two rooms. One of the rooms was occupied by them and the other room was occupied by their son Khagen Garh, aged about 13 years (PW-1) and daughter in law Phuleswari Garh (PW-3) of another son Cheniram Garh. Cheniram Garh worked in the State of Kerala and therefore mostly he was out. On the intervening night of 9.1.2012, the appellant and Hiramoti slept in their room whereas Khagen Garh and Phuleswari slept in another room. Around 12 O''clock in the night, appellant hacked Hiramoti on her neck with a dao as a result of which she died. Khagen Garh and Phuleswari on hearing the commotion from the room of appellant, woke up and tried to enter that room but was prevented by the appellant. Around 6 AM in the morning, Khagen somehow managed to come out from the house and informed the elder brother of appellant Sanjib Garh (PW-5) about the incident. Sanjib Garh then informed Village Headman Protekram Kisko (PW-6) who in turn informed the Secretary of Village Defence Party Md. Habibur Rahman (PW-7). Md. Habibur Rahman telephonically informed the police about the incident. Thereafter, all of them went to the house of appellant and found Hiramoti lying dead with injury in her neck inside the room. In the meantime, the appellant also surrendered at the Police Station Uriamghat.
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Khagen Garh made the ejahar exhibit 1 of incident wherein he has categorically named the appellant (father) as an assailant of his mother Hiramoti. Police seized one dao from the possession of the appellant vide seizure memo exhibit 4 dated 10.1.2013. Abon Garh (PW-8), Sanjib Garh (PW-5), Bimal Murmu (PW-9) and Protekram Kisko (PW-6) are witnesses to the seizure of dao.
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Dr. Dilip Kumar Deka (PW-2) conducted the post mortem examination on the body of Hiramoti. According to his post mortem examination report exhibit 3, Hiramoti had a cut injury on her neck due to which she died.
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During the trial, the appellant denied the charge. And while being examined as an accused, he but for saying "I have nothing to say" did not give any explanation regarding the homicidal death of Hiramoti.
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The trial court mainly...
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