Criminal Appeal No. 173 of 2015. Case: Rajit Chutia Vs State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 173 of 2015
CounselFor Appellant: Ms. M. Borah, learned counsel. and For Respondent: Ms. Shamima Jahan,learned Additional Public Prosecutor, Assam Mr. US Borgohain, learned counsel.
JudgesMr. Ajit Singh, C.J
IssueIndian Penal code - Sections 302, 304, 300; Code of Criminal Procedure - Section 357A
Judgement DateSeptember 05, 2016
CourtGuwahati High Court


Mr. Ajit Singh, C.J

  1. The sole appellant Rajit Chutia has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5000/- with default stipulation.

  2. The victim of the incident was Jiten Chutia, aged 45 years. He was also brother of the appellant.

  3. According to the prosecution case, deceased Jiten and appellant Rajit were brothers. They however had some dispute over property. On 12.2.2013, the appellant had engaged two saw-men Jatin Pegu (PW-1) and Raju Doley (PW-2) for cutting some trees. While Jatin and Raju were cutting the trees, Jiten went to them and objected by saying that trees fell into his share of land. In the result, to avoid any quarrel Jatin and Raju stopped cutting the trees and Jiten also left the place. But soon thereafter, the appellant himself came with an axe and started cutting the trees. On hearing the sound of cutting of trees, Jiten again went there with a dao and objected the appellant from cutting. This led to quarrel between the appellant and Jiten and in a fit of anger, appellant attacked Jiten with an axe by which he was cutting the trees. Jiten sustained multiple cut injuries and died. Jatin and Raju are eye witnesses to the incident. On receiving the information, Juga Chutia, wife of Jiten rushed to the place of occurrence and saw him lying dead with injuries on his body. Juga then lodged the ejahar exhibit 1 at Police Station Dhakuakhana. The police seized dao Material exhibit ''Ka'' vide Exhibit-2 of Jiten from the place of occurrence. The police also seized axe Material exhibit ''kha'' vide seizure memo exhibit 3 from the joint granary of appellant and Jiten.

  4. Dr. Dhurbajyoti Borgohain (PW-10) conducted the post mortem examination on the body of Jiten. He found multiple cut injuries on his body. According to the post mortem examination report, Jiten died due to multiple cut injuries on the scalp and upper back.His post mortem examination report is exhibit 5.

  5. The trial court mainly relying upon the evidence of eye witnesses Jatin and Raju convicted and sentenced the appellant as aforesaid. The trial court also relied upon the post mortem examination report exhibit 5.

  6. During the trial the appellant abjured his guilt and pleaded false implication.

  7. As mentioned above, Jatin and Raju are independent eye witnesses to the incident. Both of them have deposed in one voice that they were engaged by the appellant for cutting the trees and...

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