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2012 DIGILAW 951 (GAU)

Akla Orang v. State of Assam

2012-08-08

ADARSH KUMAR GOEL, INDIRA SHAH

body2012
JUDGMENT 1. The judgment and order dated 13.06.2007 passed by the learned Addl. Sessions Judge (FTC) No. 1,Tinsukia in Sessions Case No. 120(T)/1996 has been challenged in this appeal. The appellant has been convicted under Section 323 and 302 IPC and sentenced to undergo life imprisonment and also to pay fine of Rs. 5,000/- in default rigorous imprisonment for 6 months for the offence committed by him under section 302 IPC and further sentenced to pay fine of Rs. 5,000/- in default simple imprisonment for 15 days for the offence committed by him under Section 323 IPC. Heard Mrs. Rita Das Mazumdar, learned Amicus Curie appearing on behalf of the appellant as well as Mr. Z. Kamar, learned Public Prosecutor, Assam for the State Respondent. 2. The prosecution case in brief is that the accused Akla Orang was a ploughman employed by Sukram Mura. Sukram Mura, his wife Arati Mura and his son Madan Mura were living together in a hut. Accused Akla Orang alongwith another ploughman Durga Bhumij used to live in another house in the same house compound of the deceased. On 31st July, 1996 at about 3 a.m. the accused assaulted Durga Bhumij on his stomach, right cheek and right arm. The accused inflicted axe blow on Sukram and his wife. The accused chased Durga to a little distance when he started running. Durga took shelter in the house of Bali Murah (PW2) and reported the incident to him. Bali Murah informed the villagers and he alongwith the villagers visited the house of deceased. They found deadbody of Sukram in his house compound. His wife Arati Mura was shifted to hospital in injured condition. Arati Mura died in the Assam Medical College Hospital, Dibrugarh. PW1 Lok Nath Gogoi, the V.D.P. Secretary lodged the FIR. Police registered a case and on completion of investigation submitted the chargesheet against the accused under Section 302 and 323 IPC. 3. In order to prove its case prosecution examined as many as 14 witnesses. The accused in his statement recorded under section 313 Cr.P.C. denied the allegations leveled against him and pleaded that he was not mentally sound. No defence evidence was adduced. On completion of trial the accused was acquitted by the judgment dated 31.3.1999 passed by the then learned Sessions Judge, Tinsukia. The accused in his statement recorded under section 313 Cr.P.C. denied the allegations leveled against him and pleaded that he was not mentally sound. No defence evidence was adduced. On completion of trial the accused was acquitted by the judgment dated 31.3.1999 passed by the then learned Sessions Judge, Tinsukia. This Court vide judgment and order dated 6.12.2001 passed in Criminal Revision (P) No. 60/2000 set aside the judgment and order passed by the learned Sessions Judge, Tinsukia and remanded the case for disposal in accordance with law. The learned Addl. Sessions Judge after scrutinizing the entire evidence on record found the accused guilty under section 323 and 302 IPC. The accused was accordingly convicted and sentenced as stated earlier. 4. Dr. R. Chaliha, conducted the post-mortem examination on the deadbody of Sukram Mura on 1.8.1996 and his findings are as follows: Injuries:- (1) A lacerated wound behind the left ear measuring 2x1.5 cm. (2) Lacerated injury in the right frontal region measuring 2x1 cm. (3) Lacerated wound in front of the left ear measuring 3x1 cm. (4) Depressed fractures behind the left year in the temporal region. (5) Fracture of the condylas process of mandible on the right side. In the opinion of doctor, death was as a result of injuries to the head described. All the injuries were antemortem, caused by blunt force and were homicidal in nature. 5. Dr. R.K. Gogoi, held autopsy on the deadbody of the deceased Arati Mura on 6.8.1996 and his findings are as follows: Injuries: (1) An abrasion present on left iliac crest, 4x2 cm in size. (2) A lacerated wound in vertical plane present on left zygomatic area, 3x1cm x muscle deep which is found in stitch. (3) A horizontally placed lacerated wound present on left temporal area of scalp, 6x2 cm x scalp deep which is found in stitch. (4) A horizontally placed lacerated wound 3 cm above the injury No. 3 on the left temporal area of scalp, 4x2 cm x scalp deep which is found in stitch. (5) a lacerated wound present over the vertex, directed forwards and towards right, 5x1 cm x scalp deep which found in the stitch. (6) A lacerated wound present over the vertax and in the same plane with injury No.5 and 2 cm backwards from the injury No. 5, 3x1 cm x scalp deep and which is found in stitch. (5) a lacerated wound present over the vertex, directed forwards and towards right, 5x1 cm x scalp deep which found in the stitch. (6) A lacerated wound present over the vertax and in the same plane with injury No.5 and 2 cm backwards from the injury No. 5, 3x1 cm x scalp deep and which is found in stitch. In the opinion of doctor, cause of death was coma resulting from head injury. All the injuries are antemortem and caused by blunt force impact. 6. The findings of the doctors were not disputed by the defence. 7. PW3, Durga Bhumiz deposed that he was working as a helper being employed by the deceased Sukram Mura. The accused Akla Orang was a ploughman. The victim Sukram Mura and his wife Arati Mura were living in a hut and in the same compound PW3 alongwith the accused were residing in another house. In the night of occurrence at about 3 a.m. he woke up from sleep and found that the accused Akla Orang is assaulting him. The accused caused injuries on his stomach, right cheek and right arm. He also assaulted Sukram and his wife. He deposed that he saw the accused but could not notice the weapon used by the accused. He fled away and the accused chased him to a little distance. He reached the house of PW2 Bali Murah and reported the incident to him. Later on he learnt that the accused had cut Sukram and his wife. 8. PW2, Bali Murah's house is situated at a little distance from the house of the victim. PW2 deposed that in the night of occurrence Durga came to his house with bleeding injuries on his body. He reported that his masters were also assaulted. Bali Murah informed the villagers and went to the house of the victim. He found the victim Sukram lying dead with bleeding injuries on his head. His wife Arati was shifted to hospital in injured condition. 9. PW1, Lok Nath Gogoi, the V.D.P. Secretary of the village lodged the FIR. He stated that the victims i.e. Durga Bhumij, Sukram Mura and his wife Arati Mura were assaulted by the accused by means of an axe. He further stated that the villagers tried to apprehend the accused at Bisaghat of Tirap river but they could not apprehend him as the accused was armed with an axe. 10. He stated that the victims i.e. Durga Bhumij, Sukram Mura and his wife Arati Mura were assaulted by the accused by means of an axe. He further stated that the villagers tried to apprehend the accused at Bisaghat of Tirap river but they could not apprehend him as the accused was armed with an axe. 10. The witnesses, namely, PW4, Sutu Mura; PW5, Birsingh Munda; PW7, Etowa Munda; PW8, Tulu Munda; PW9, Lakhaba Gitang; PW10, Kuldip Sonar and PW11, Modan Mura did not see the occurrence. 11. PW11, Madan Mura is the son of the deceased Sukram and Arati. It is in his evidence that on the relevant date and time he was away from his home. He had gone to another village on a social visit. 12. PW14, Dr. Refiquddin Ahmed examined the injured Durga Bhumij at Tirap Gate State Dispensary and found one lacerated wound on the right cheek size 3cm x 5cm x 1mm, lacerated wound on the right fore arm of size 2cm x 5cm x 1mm and another lacerated wound on the right forearm of size 2cm x 5cm x 1mm. According to the doctor the injuries were simple in nature and caused by blunt weapon. 13. Learned counsel for the appellant has submitted that there are material discrepancies as to the weapon used in commission of the offence. The doctors who held the post-mortem examination on the deadbodies as well as the doctor who examined the injured Durga found that the injuries were caused to the victims by means of a blunt weapon whereas the witnesses examined by the prosecution alleged that the accused assaulted the victims by means of an axe. In the FIR also the weapon of assault has been mentioned as axe. PW3 who is a solitary eye-witness stated that the accused inflicted cut injuries wherein doctors found the victims sustained lacerated injuries. 14. PW3, Durga Bhumij although stated that the accused caused cut injuries but he could not notice the weapon used by the assailant. He was a young boy, age about 12 to 13 years at the relevant time. He is rustic villager and was employed to look after the cattle of his master. Being a young, illiterate villager he might not differentiate between the cut injury and lacerated injury. The fact remains that he sustained the injuries and he could not notice the weapon used by the assailant. He is rustic villager and was employed to look after the cattle of his master. Being a young, illiterate villager he might not differentiate between the cut injury and lacerated injury. The fact remains that he sustained the injuries and he could not notice the weapon used by the assailant. Other witnesses admittedly are not eye-witnesses. It appears from the evidence of PW1 that the villagers attempted to apprehend the accused after the occurrence but they found him armed with an axe. This may be the reason to believe that the accused inflicted the injuries by means of an axe. The injuries to the victims might have been caused either by any heavy blunt object or by an axe from its blunt side. 15. Nothing has been elicited by the defence that PW3 and any other witnesses examined by the prosecution had any animosity towards the accused. It also appears from the evidence of PW1 as well as the Investigating Officer that after the occurrence the accused was found absconding. PW1 stated that though the villagers attempted to apprehend the accused they could not do so as he was armed with an axe. 16. The accused in his statement recorded under Section 313 Cr.P.C. neither denied nor admitted that he was residing in the house of the deceased Sukram Mura. In reply to the question put to him he stated that "I don't know. I went mad". When he was asked that in the night of occurrence whether he slept alongwith witness Durga Bhumij, he replied "I don't know". He gave no explanation as to how the victims sustained injuries. 17. The learned trial Court rightly observed that the defence attempted to project that at the time of occurrence the accused was suffering from mental disorder but no evidence was adduced in support of the plea. Moreover the fact that the accused was found absconding after the incident clearly shows that he was in a position to know the consequence of his action. Trial Court has appreciated the evidence on record in proper prospective and rightly held the accused guilty under Section 323 & 302 IPC. 18. The impugned judgment passed by the learned Addl. Sessions Judge is thus upheld. 19. Trial Court has appreciated the evidence on record in proper prospective and rightly held the accused guilty under Section 323 & 302 IPC. 18. The impugned judgment passed by the learned Addl. Sessions Judge is thus upheld. 19. In view of judgment passed in Criminal Appeal No. 93(J)/2005 and in the light of judgment passed in the case of Binod Karmakar -Vs- State of Assam 2012 (1) GLT 693 with regard to compensation to the dependants of victim under Section 357A Cr.P.C. as an interim measure the State Government is directed to deposit an amount of Rs.50,000/- (Rupees Fifty Thousand) only with the District Legal Service Authority, Tinsukia. The District Legal Services Authority, on receipt of the said money, shall make an enquiry to ascertain as to whether, there is dependent (s), who suffered loss and injury as a result of death of the deceased and also if such dependent(s) or legal representative(s) need any rehabilitation. Upon such enquiry, if it is found that the dependent(s), if any, need rehabilitation, then the District Legal Services Authority shall initially release the said interim amount and thereafter direct payment of adequate compensation, as may be prescribed by the scheme to be prepared by the State Government. It is made clear that if the District legal Services Authority, after due enquiry, arrive at the findings that there is no dependent(s) or that the dependent(s) of the deceased/victim does not require any rehabilitation, then the District Legal Services Authority, shall refund the said amount of Rs. 50,000/-, without delay, in favour of the State Government. 20. The appeal is dismissed. Send back the LCR alongwith a copy of this judgment. Appeal dismissed.