Criminal Appeal No. 103 (J) of 2013. Case: Sutnia Bhui @ Punya Vs The State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 103 (J) of 2013
CounselFor Appellant: Mr. K. Goswami, learned Amicus Curiae and For Respondents: Ms. Shamima Jahan, learned Additional Public Prosecutor, Assam
JudgesAjit Singh, CJ and N. Chaudhury, J.
IssueIndian Penal Code - Section 302
Judgement DateAugust 12, 2016
CourtGuwahati High Court


Ajit Singh, CJ.

  1. The sole appellant Sutnia Bhui @ Punya 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.

  2. The victims of the incident were Harujan Karmakar, aged about 32 years and a girl child Tulshi @ Bhoni Karmakar, aged about 2 years.

  3. According to the prosecution case, on 15.1.2006, Harujan Karmakar was enjoying picnic with his family members and children in a field nearby his house. At about 6 PM, the appellant armed with a dao, suddenly came there and dealt a blow on the neck of Harujan Karmakar. The appellant then dealt another blow aiming at Haren Karmakar (PW-1), but it struck the head of girl child Tulshi, who was in his lap. Both Harujan and Tulshi were immediately taken to Sonari Hospital where Harujan died. Tulshi was referred to Assam Medical College & Hospital, Dibrugarh for better treatment, but she too died there. Ejahar exhibit 2 of the incident was lodged on the same day by Sargam Karmakar (PW-4) at Police Station Kakotibari, District Sivasagar. Inquest reports exhibits 1 and 3 on the dead bodies of Tulshi and Harujan were made respectively by the police.

  4. Dr. Nirmal Chutia (PW-12) conducted the post mortem examination on the dead body of Harujan. He in his post mortem examination report exhibit 7 confirmed that the cause of death of Harujan was due to deep cut injury on his neck. He also opined that the injury could have been caused by the seized weapon dao -- Material exhibit 1. Likewise, Dr. Rupak Kumar Gogoi (PW-9) has confirmed that Tulshi died due to incised wound on her scalp which was caused by sharp cutting weapon.The post mortem examination report prepared by Dr. Rupak Kumar Gogoi is exhibit 4.

  5. During the trial, the appellant denied having committed any offence. He however did not examine any witness in defence.

  6. The trial court essentially relying upon the evidence of eye witnesses -- Haren Karmakar (PW-1) and Dharam Karmakar (PW-6) has convicted and sentenced the appellant as aforesaid. The trial court has also relied upon the post mortem examination reports of victims.

  7. Haren Karmakar (PW-1) as mentioned above is the father of girl child Tulshi. He is also the nephew of Harujan. According to his testimony, on the date of incident, sometime during the evening, he was sitting with Tulshi in his lap near Harujan at the picnic spot and at that time, the appellant came there and hacked Harujan...

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