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2009 DIGILAW 4 (GAU)

Aftab Hussain @ Bhaiti v. State of Assam

2009-01-05

A.C.UPADHYAY, AFTAB H.SAIKIA

body2009
JUDGMENT Aftab H. Saikia, J. 1. Heard Mr. J.M. Choudhury, learned senior counsel assisted by Mr. B.M. Ghoudhury, Mr. N. Baruah and Mr. U.S. Borgohain, the learned Counsel for the Appellant as well as Mr. K.C. Mahanta, learned Public Prosecutor, Assam for the State. 2. This criminal appeal has been directed against the judgment and order dated 14.6.2002 passed by the learned First Additional Sessions Judge, Sibasagar (hereinafter referred to as, 'the learned Judge') in Sessions Case No. 165/(S-S)/01 whereby the Appellant herein was found guilty for an offence under Section 302, IPC in killing one Ms. Priti Agarwalla and accordingly he was convicted under Section 302 , IPC and sentenced to undergo rigorous imprisonment (for short, 'RI') for life and to pay fine of Rs. 1,000/-, in default of payment of fine, to undergo RI for another six months. 3. One Ms. Priti Agarwalla (hereinafter to as, 'the deceased'), the daughter of the complainant, Subhash Agarwalla (PW 1) while going to college to attend her B.Com. 1st year class in the morning at about 8:00 a.m. on 27.12.2001 by boarding in a bus "Maa Lakshmi", the Appellant forcefully got her down from the bus and assaulted her with dao blows on both sides I of her neck. The deceased, on way to Assam Medical College Hospital, Dibrugarh, succumbed to her injuries. 4. Alleging the above mentioned facts, PW 1 lodged an ejahar on the same day at about 12:00 a.m. with the Demow Police Station and on the basis of the FIR, the investigation ensued. 5. The prosecution examined as many as 14 witnesses to prove its case including two eye-witnesses namely PW 3, Puja Agarwalla and PW 4, Monmi Sarma along with PW 2, Dr. Tapan Borbarua who held the autopsy on the dead body of the deceased. 6. PW 2, the Doctor found the following injuries on examination over the dead body of the deceased: Four numbers of incised wound at the back of the neck measuring (a) 2 inch × 1 inch × 2 inches, (b) 2-1/2 inches × 1 inch × 2 inches, (c) 2-1/2 inches × 1 inch × 2 inches (d) 2 inches × 1 inch × 2 inches. All represents length, breadth and depth of the wounds. 2. Incised wound middle of right arms measuring 2-1/2 inches × 2 inches × 1 inch. 3. All represents length, breadth and depth of the wounds. 2. Incised wound middle of right arms measuring 2-1/2 inches × 2 inches × 1 inch. 3. Incised would of left writ anteriorly measuring 2 inches × 2 inches × 1 inch. In this wound tendons are cut of. 7. According to Doctor, all those injuries were ante mortem in nature and homicidal in nature and any of the injuries mentioned under No. 1 under the head wounds was sufficient to cause of death of a person in an ordinary course of nature. 8. Corroborating with this medical evidence as regards multiple injuries inflicted on the dead body of the deceased, PW 3 and PW 4 being the eye-witnesses, stated in unison that they were in the same bus on the relevant day to attend their classes in the college. The deceased was sitting alone behind the seat of the driver. When the bus stopped the Appellant boarded the bus and enlightened the deceased by dragging her and thereafter he took his dao and started inflicting multiple dao blows on the deceased. 9. Evidence of both the eye-witnesses itself along with the medical evidence, according to us, is found to be cogent, trustworthy and truthful and we do not find any inconsistencies and infirmities in the testimony of those eye-witnesses and as such there is no sufficient materials to upset the impugned conviction. According to us, the Appellant was rightly convicted by the trial Court relying solely on the deposition of those witnesses who appeared to be reliable and believable. 10. The motive had also been very much clear and the same is evident from the examination of the Appellant under Section 313 Code of Criminal Procedure. Against the question No. 13, i.e., "Do you have anything to say regarding the charges of murder and the evidence?", the Appellant answered as follows: I do not concede the charge of murder. I had known Priti Agarwalla. She, too, loved me. We exchanged letters, gifts, photos etc. Priti had told me that she would run away with me. When her family had learnt about that, she came to me and asked me to elope with her. However, I denied to do so. Priti rebuked me and gave me two slaps in front of other students of the commerce College. Out of shame I left the place. Thereafter I had not seen Priti. When her family had learnt about that, she came to me and asked me to elope with her. However, I denied to do so. Priti rebuked me and gave me two slaps in front of other students of the commerce College. Out of shame I left the place. Thereafter I had not seen Priti. Now, I am feeling bad. 11. Taking into account the gravity of the offence that was committed in diabolic and gruesome manner to take way the precious life of a young girl; that too out of love affairs, by the Appellant, we are unhesitatingly inclined not to dislodge the impugned findings of conviction and sentence and accordingly we are in full agreement with the views expressed and findings recorded by the trial Court in passing the impugned judgment. 12. Consequently the impugned conviction and sentence of the Appellant stand confirmed. 13. In the result, the appeal stands dismissed. 14. Send down the LCR forthwith.