Criminal Appeal No. 9 (J) of 2014. Case: Raj Mahato Vs The State of Assam. Gawahati High Court

Case NumberCriminal Appeal No. 9 (J) of 2014
CounselFor Appellant: Mr. HRA Choudhury, learned senior Counsel, assisted by Mr. Azad Ahmed, learned counsel. and For Respondent: Ms. Shamima Jahan,learned Additional Public Prosecutor, Assam Ms. P Bhattacharya and Mr. B Bora, learned counsel.
JudgesMr. Ajit Singh, C.and N. Chaudhury, JJ.
IssueIndian Penal Code - Section 302
Judgement DateSeptember 05, 2016
CourtGawahati High Court

Judgment:

Mr. Ajit Singh, C.J

  1. The sole appellant Raj Mahato has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for remaining period of life. The trial court has however omitted to impose a mandatory sentence of fine.

  2. The victim of the incident was Pallabi Deb, a young girl, aged about 16 years.

  3. According to the prosecution case, Pallabi Deb used to go for tuition every morning. On 1.5.2013 around 8 a.m. she boarded a Tempo of Md. Abu Bakkar siddique (PW-3). After some distance, the appellant also boarded the same Tempo. On way, but for Pallabi and appellant, all other passengers get down from the Tempo on reaching their respective destinations. Thereafter, as the Tempo reached Welcome Kerosene Oil Depot, Md. Abu Bakkar Siddique suddenly heard an unusual sound and when he turned around, he saw the appellant causing injuries to Pallabi with a knife. Md. Siddique immediately stopped the Tempo and raised an alarm. Pallabi fell from the Tempo on the road but the appellant continued to cause injuries to her. The incident created a panic and public gathered at the spot. The public also caught the appellant. After some time, the police arrived at the spot and took the appellant into custody. In the meantime, father Prasanta Kumar Deb (PW-14), Anuradha Choudhury Deb (PW-15) and Pranab Kumar Deb (PW-5), Uncle of Pallabi also reached the place of occurrence and found her lying in a pool of blood with multiple injuries on her body. At the time of incident, Md. Sahajahan Sk. (PW-4) was the Handyman of Tempo. Jahangir Ahmed (PW-1) and Md.Azad Hussain (PW-2) are eye witnesses to the incident apart from Md. Abu Bakkar Siddique (PW-3) and Md. Sahajahan Sk (PW-4). From the spot, the police seized one knife, one black coloured bag containing one wrist watch, one Samsung mobile, one I-card in the name of appellant and other articles vide seizure memo exhibit 1. Ejahar of the incident was made by Pranab Kumar Deb (PW-5), Uncle of Pallabi on 1.5.2013 itself wherein appellant has been categorically named as the assailant.

  4. The police immediately carried Pallabi and appellant to Dhubri Civil Hospital for treatment. There she was examined by Dr. Reza M.A. Amin (PW-18). He found multiple incised wounds all over her body. His injury report is exhibit 10. The doctor also opined that injuries could have been caused with the seized knife Material Exhibit 1. Since the condition of Pallabi was not improving, she was...

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