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2010 DIGILAW 192 (GAU)

Amiya Gowala v. State of Assam

2010-03-12

HRISHIKESH ROY, RANJAN GOGOI

body2010
JUDGMENT Hrishikesh Roy, J. 1. The accused/Appellant challenges the judgment dated 19.2.2004 in Sessions Case No. 132(T)/02 rendered by the Court of the Addl. Sessions Judge, No. 1, Tinsukia, whereby he is convicted for an offence under Section 302 of the Indian Penal Code and has been sentenced to suffer imprisonment for life and also to pay a fine of Rs.5,000 and in default, R.I. for another 3 months. 2. In the FIR filed by the informant Jag Mohan Rajput it was alleged that on 29.10.2000, the informant's parents Lalchand Rajput and Gorbari Rajput were called by a co-villager Fatia Gowala (PW 4) to get his ailing daughter treated by quackery (witchcraft). But when Fatia Gowala's daughter died during the process, the girl's uncle Amiya Gowala out of anger, inflicted "mit-dao' blows on the necks of the informant's parents and killed them. After the assault the Appellant along with the "dao" surrendered at the Talap Police Outpost. The police immediately arrested the Appellant and also seized the "doa" reproduced by him. 3. The police then carried out investigation of the case and charged the accused with murder of the deceased Lalchand Rajput and Smt. Gorbari Rajput. The case was committed for trial to the Sessions Court, Tinsukia, by the learned Judicial Magistrate Second Class, Tinsukia on 18.9.2002. In the trial Court charge under Section 302, IPC was framed to which the accused pleaded not guilty and wanted to be tried. 4. During the trial 8 witnesses were examined by the prosecution whereas none from the side of the defence. 5. P.W.1, was Dr. B.C. Roymedhi who was posted at Assam Medical College Hospital, Dibrugarh. He performed the post-mortem examination on the body of the 2 deceased. He recorded the following injuries on the dead bodies: On Lalchand Rajput: 1. One cut injury present in front and left side of the neck. 8 cm x 4 cm cutting the left tissues and front of larynx completely and forth cervical vertebrae with spinal chased. 2. One cut injury 6x3 cm x muscle deep on the back of the neck little below the injury No. 1, scalp, skull and brain healthy. Organs of chest and abdomen healthy and pale stomach in empty. Intestines are distended with gas. Heart chambers are empty. On Smt. Gorbori Rajput: 1. 2. One cut injury 6x3 cm x muscle deep on the back of the neck little below the injury No. 1, scalp, skull and brain healthy. Organs of chest and abdomen healthy and pale stomach in empty. Intestines are distended with gas. Heart chambers are empty. On Smt. Gorbori Rajput: 1. One cut injury 12 cm x 7 cm on left side and front of the neck cutting the all left tissues including left sterno mastoid muscles, larynx and tracia and sixth cervical vertebrae with corresponding spinal chord. Scalp, skull, brain, healthy, Organs of chest and abdomen are healthy and pale, Stomach empty. Stomach and intestine distended with gas. Heart chamber empty." In doctor's opinion, death was caused due to haemorrhage and shock resulting from ante mortem cut injuries caused by heavy sharp cutting weapon which were homicidal in nature. 6. P.W.2 Jag Mohan Rajput, P.W.4 Fatia Gowala and P.W.7 Smt. Belmoti Lai Chand were the eye witnesses who saw the occurrence. 6.1 The deceased were the parents of P.W.2. The witness stated that at about 8 p.m. on 29.10.2000 his parents were called to perform quackery at PW 4 Fatia Gowala's residence and when the patient died during process, the accused Amiya Gowala who was the uncle of the patient got enraged and he hacked PW 2's parents in their necks with a long handle "dao". The accused also tried to assault PW 2 where after he fled from the scene. In his cross-examination the witness's testimony could not be shaken and he re-confirmed that he saw his parents being hacked by the accused and that the accused also attempted to assault him. 6.2 P.W.4 Fatia Gowala (the father of the patient) was another eye witness of the assault. He testified that the two deceased were called by him to treat P.W.4's ailing child with quackery. The witness further deposed that when the child died during the process, PW 4's elder brother, i.e., accused Appellant became furious. Then the accused brought out a "dao" and the witness saw the accused hacking both the deceased in their necks with the "dao" and surrendering himself at the Thana. In his cross-examination the witness re-confirmed that he saw with his own eyes, the act of cutting and also saw the accused produce the "dao" at the Thana. 6.3 P.W.7 Smt. Belmoti Lalchand is the daughter of the 2 deceased. In his cross-examination the witness re-confirmed that he saw with his own eyes, the act of cutting and also saw the accused produce the "dao" at the Thana. 6.3 P.W.7 Smt. Belmoti Lalchand is the daughter of the 2 deceased. She had accompanied her parents to the house of the accused and saw the accused assaulting at first her father and thereafter her mother, in their necks with a "dao". Her testimony could not be shaken through cross-examination. 6.4. The evidence of P.W.3, P.W.5 and P.W.6 are not very material as they heard about the incident from others and were not present at the P.O. when the assault took place. 6.5 P.W.8 was the Investigating Officer (I.O.) of the case. He testified that on 30.10.2000 he received a written Ejahar from Jag Mohan Rajput at the Talap Police Outpost and after making a G.D. Entry, he forwarded the Ejahar to the Doom Dooma Police Station. The I.O. testified that on the same night, i.e., 30.10.2000, the accused Appellant surrendered at the Police Outpost with the "dao" used in the assault. The "dao" was seized immediately. Thereafter, the I.O. visited the place of occurrence, conducted inquest over both the dead bodies and arranged for their post-mortem examination. 6.6 During examination of the accused under Section 313 of the Code of Criminal Procedure, he claimed that he is innocent but he declined to adduce any evidence in the Trial. 7. On scrutiny of the evidences of the 3 eye witnesses, we find that their testimony is consistent and corroborates each other on all material particulars to establish the guilt of the accused. The evidence of the eyewitnesses is supported by the injuries recorded in the Post-mortem Reports, which shows that death of the 2 deceased had occurred due to cut injuries on their necks caused by heavy sharp cutting weapon. The conduct of the accused who surrendered soon after the incident with the "dad" in the Police Outpost, has also to be considered as relevant to show the culpability of the accused. 8. In above circumstances, we find that there is sufficient evidence to establish beyond all reasonable doubt the guilt of the accused and he has rightly been convicted for the double murder. Accordingly, there can be no justification for interference with the impugned judgment of conviction and sentence. 8. In above circumstances, we find that there is sufficient evidence to establish beyond all reasonable doubt the guilt of the accused and he has rightly been convicted for the double murder. Accordingly, there can be no justification for interference with the impugned judgment of conviction and sentence. In the result, the Appeal stands dismissed and the impugned judgment is affirmed. 9. Send down the L.C.R. Appeal dismissed.