Criminal Appeal (J) No. 66/2015. Case: Sri Bipul Modi alias Mudi Vs State of Assam & another. Guwahati High Court

Case NumberCriminal Appeal (J) No. 66/2015
CounselFor Appellant: Mr. R Dev, Amicus Curiae Advocate. and For Respondent: Ms. S Jahan, Additional Public Prosecutor, Assam Mr. Khanindra Lahkar, Advocate.
JudgesN. Chaudhury, J.
IssueIndian Penal Code - Section 302; Code of Criminal Procedure - Section 313; Indian Evidence Act
Judgement DateSeptember 01, 2016
CourtGuwahati High Court


N. Chaudhury, J.

  1. This appeal is directed against judgment and order dated 29.05.2015 passed by the learned Sessions Judge, Golaghat in Sessions Case No. 194/2013 under section 302 of the IPC thereby convicting appellant under the same section of law and sentencing him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for another one month.

  2. The prosecution story is that one Dhaniram Mudi, as informant, filed an ejahar with Borpathar Police Station on 28.05.2013 informing that his aunt Chutumai Mudi accompanied by her grandson Krishna Mudi aged about 12 years came to his house to pay a social visit. Around 2 P.M. after having meal while Krishna Mudi was playing along with his nephew and niece within his campus, his younger brother, namely, Bipul Modi alias Mudi came and hacked on the back side of the head of Krishna Mudi with kopi dao. Krishna Mudi died instantly. Hearing hue and cry when family members of Dhaniram came out, the accused tried to flee away by throwing the dao but the people apprehended him. On receipt of this ejahar, Borpathar Police Station Case No. 96/2013 under section 302 of the IPC was registered and investigation was started.

  3. Police visited the place of occurrence, prepared sketch map, recorded statements of witnesses, held inquest over the dead body and got post mortem examination done. After receipt of the post mortem, charge sheet No. 140/2013 was filed on 06.11.2013 in the Court of Sub-Divisional Judicial Magistrate (M), Dhansiri, Sarupathar who by his order dated 07.11.2013 committed the case to Sessions. Sessions Case No. 194/2013 was thereupon registered. The learned Sessions Judge framed charge against the appellant under section 302 of the IPC on 16.11.2013. The charge was read over and explained to the accused person when he pleaded not guilty and claimed to be tried.

  4. In course of hearing, prosecution examined as many as 9 witnesses including the Medical Officer and the Investigating Officer. As many as 7 documents were proved as exhibits which include medical report and the mental condition of the accused person. A court witness, Dr. Diganta Kr. Das, was examined under section 313 of the Code of Criminal Procedure. Having considered all these materials, the learned Sessions Judge held the accused guilty of committing murder of Krishna Mudi and consequently he was convicted under section 302 of the IPC. The learned Sessions Judge was of the view that plea of insanity taken by the accused person was not established and so the accused was not entitled to benefit under section 84 of the IPC. Accordingly, the accused was sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for one month more.

  5. We have heard Mr. R Dev, learned Amicus Curiae for the appellant, Ms. S Jahan, learned Additional Public Prosecutor, Assam and Mr. K Lahkar, learned counsel for the respondent No. 2, informant. We have also perused the evidence on record and the entire lower court records, particularly, to examine the materials available in regard to plea of insanity of the accused person.

  6. PW 1, Dhaniram Mudi, is the elder brother of the accused. He narrated the same story as stated in the ejahar. According to him, he was not at home at the time of incident. He was informed by his wife over telephone that the accused had dealt a blow on Krishna Mudi. He hurried to home and found that accused had already fled. The accused was chased and found ½ away from his house and he brought him and handed over to his father and then to police. In course of cross examination, he disclosed that accused is mentally ill and he was treated by a doctor about 10 (ten) months ago.

  7. PW 2, Bishnu Mahanta, is a neighbour. He came to know that incident had taken place at about 1 P.M. from one Lakheswar Ghatowal. He being VDP Secretary, went to the place and found the accused tied up by the villagers. On being asked, accused confessed to have killed Krishna Mudi but he PW 2 could not say the reason for such murder. Police came and examined the dead body and he became the witness of the seizure list. Police also seized the dao lying at the place of occurrence. In course of cross examination, he disclosed that when he came, he did not find accused to punch anyone but he was only smiling.

  8. PW 3, Sukram alias Bolia Mudi, is the maternal uncle of deceased Krishna Mudi. According to him, Krishna Mudi came around 2 P.M. on the same day to enjoy litchi. He was 12 years old. Accused Bipul Modi alias Mudi assaulted Krishna to death with a kopi dao. But he could not say as to why the accused had done so. He claimed to have assaulted the accused person thereafter with a stick and snatched the dao from him. Thereafter the accused fled away from there but PW 1, Dhaniram apprehended him and kept him tied till police took him away. The accused had dealt dao blow on the back side of the head of Krishna. In course of cross examination, he also admitted that the accused is also like a mad. The accused killed his nephew.

  9. PW 4, Lakhan Das is not an eye witness. Having heard the commotion nearby he came to the place of occurrence and found that a small boy had been cut by the accused. He found accused Bipul Modi alias Mudi being kept tied in the cow shed and the dead body of the small boy was kept in the veranda. Police seized kopi dao and he became a witness of the seizure.

  10. PW 5, Lakheswar Ghatowar, deposed that at the time of occurrence, he was working in the field. He heard that accused Bipul had cut his nephew and on receipt of this information he went to his house. Accused Bipul was kept tied with a rope in the cow shed. Dead body of Krishna Mudi was kept in the veranda and then police came. On being asked, the father of the accused replied that Krishna Mudi was taking litchi when the accused Bipul hacked him at his neck with a kopi dao. Police prepared inquest report whereas he signed as witness. In course of his cross examination, he specifically disclosed that during the period of incident, Bipul Modi alias Mudi was mentally ill.

  11. PW 6, Gerson Kungkal, stated that he knew the informant Dhaniram Mudi. He also knew the deceased. At the time of occurrence, he was working at No. 2 Tengahola Gaon Panchayat. Dhaniram informed him over telephone that accused had hacked Krishna Mudi. He thereafter reached to the place of occurrence and found Bipul Modi alias Mudi kept tiedin the cow shed with a rope. Father of the accused informed that accused had killed Krishna Mudi. Then he informed the police over telephone and police came. Police examined the dead body and seized the dao. PW 6...

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