Criminal Appeal (J) No. 47/2014. Case: Sri Bhakta Hemram Vs State of Assam & Anr.. Guwahati High Court

Case NumberCriminal Appeal (J) No. 47/2014
CounselFor Appellant: Mr. S. Borgohain, Advocate. and For Respondent: Mr. P.P. Baruah, P.P. Assam, Mr. K. Goswami, Advocate.
JudgesManojit Bhuyan and Mr. Ajit Singh, C.JJ.
IssueIndian Penal Code - Sections 302, 34
Judgement DateSeptember 22, 2016
CourtGuwahati High Court


  1. Sri Bhakta Hemram has been convicted under Section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for another 2(two) years for causing death of a father and son duo i.e. Raja Ali Khan, aged about 40 years and Junmoni Khan, aged about 16 years.

  2. The First Information Report (FIR) was lodged by Pankaj Bora (PW-1) at 9 P.M. of 21.07.2008 stating that on the very same day at around 3.30 P.M. when a ''bichar'' was on in the Office of the Tea Estate in question, the appellant along with two other persons i.e. Bubai Hemram and Bijoy Hemram had come with daos in hand and caused instantaneous death to his elder brother Raja Ali Khan by hacking and when his nephew Junmoni Khan put up resistance, grievous injury was inflicted upon him by hacking. Junmoni was thereafter taken to the Golaghat Civil Hospital in a critical condition.

  3. Committed to trial, the prosecution examined as many as 13(thirteen) witnesses to prove the guilt of all the 3(three) accused. At the conclusion of the trial, Bubai Hemram and Bijoy Hemram were acquitted from the charge under Section 302/34 IPC and were set at liberty in the absence of any incriminating materials found against them. The appellant alone stood convicted and sentenced to suffer imprisonment for life.

  4. The prosecution case primarily hinges upon the evidence of Sri Pankaj Bora (PW-1) and Ram Prasad Rajbhar (PW-4), who are independent witnesses. PW-1, in his deposition has given an account of the incident describing himself as an eye-witness to it. He deposed that on 21.07.2008, a ''bichar'' had taken place at Ranijan Tea Estate where Bubai Hemram was brought apprehended on charges of stealing tea leaves. According to PW-1, he was present in that ''bichar''. The Chowkidar of the Tea Estate, Jakir Hussain had stated that he had seen Bubai Hemram stealing tea leaves and to that, the appellant charged Jakir so as to assault him but the public interfered and separated them. Thereafter, the appellant brought a dao from one Bolo Gosain''s house and inflicted a dao blow in Raja Khan''s belly and when Raja Khan''s son Junmoni Khan came forward to put resistance, the appellant also dealt a dao blow in the belly of Junmoni Khan. PW-1 also deposed that the appellant had also dealt a dao blow in Raja Ali Khan''s neck. In so far as Bubai Hemram and Bijoy Hemram are concerned, PW-1 deposed that they had...

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