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2013 DIGILAW 196 (GAU)

Siba Kurmi v. State of Assam

2013-03-15

I.A.ANSARI, P.K.MUSAHARY

body2013
JUDGMENT Iqbal Ahmed Ansari, J. 1. This is an appeal against the judgment and order, dated 15.07.2008, passed, in Sessions Case No. 187/2007, by the learned Sessions Judge, Dibrugarh, whereby the learned Sessions judge has convicted the accused-appellant, under Sections 302, IPC, and sentenced him to suffer imprisonment for life with fine of Rs. 5,000/- and, in default of payment of fine, to suffer rigorous imprisonment for another one year. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) Accused Siba Kurmi used to live in one of the Labour quarters, at Halimara Tea Estate, Naharkatia, with his wife, Jaya Kurmi (since deceased) and his children. On 25.10.2007, at about 9-00 p.m., on hearing hulla raised from inside the house of the accused, many of his neighbours went to the house of the accused and heard assaults taking place, on Jaya Kurmi, inside the house and though they requested the accused to open the door, the accused kept the door bolted from inside. Left with no alternative, the neighbours left and, on the following the day, in the morning, Jaya Kurmi was found lying dead, inside her house, with multiple injuries on her body. On an Ejahar having been lodged, in this regard, by Susil Bhakta (P.W. 1), who is a garden worker, Naharkatia Police Station Case No. 99/2007, under Section 302, IPC, was registered against the accused. (ii) During the course of investigation, police visited the place of occurrence, held inquest over the said dead body, got the dead body subjected to post mortem examination and, on completion of investigation, laid charge-sheet, under Section 302, IPC, against the accused. (iii) At the trial, when a charge, under Section 302, IPC, was framed against the accused, he pleaded not guilty thereto. (iv) In support of their case, prosecution examined altogether 9 (nine) witnesses. (iii) At the trial, when a charge, under Section 302, IPC, was framed against the accused, he pleaded not guilty thereto. (iv) In support of their case, prosecution examined altogether 9 (nine) witnesses. The accused was, then, examined under Section 313 Cr.P.C. and, in his examination aforementioned, the accused denied that he had committed the offence, which was alleged to have been committed by him, the case of the defence being that Jaya Kurmi had abused the accused and, infuriated by the language used by Jaya Kurmi, the accused hit her, Jaya Kurmi fell on the ground and, as she fell on the ground, she hit her head against a brick and, as a result thereof, she suffered injury and died accidentally. No evidence was adduced by the defence. (v) Having found the accused guilty of the offence, which he stood charged with, the learned trial Court convicted him accordingly and passed sentence against him as mentioned above. Aggrieved by his conviction and the sentence, which has been passed against him, the accused, as a convicted person, has preferred this appeal. 2. We have heard Mr. J. Islam, learned amicus curiae. We have also heard Mr. D. Das, learned Additional Public Prosecutor, Assam. 3. Before we enter into the discussion of the medical evidence on record, let us, first, consider the evidence of P.W. 1, who is the informant. According to his evidence, on the day of the occurrence, in the evening, on having heard that Jaya Kurmi was being assaulted by her husband, he (P.W. 1), alongwith P.W. 2, P.W. 3, P.W. 4 and others, went to the house of the accused to save Jaya Kurmi, but they could do nothing and had to come back, because the accused had bolted the door from inside and refused to open the door. To the same effect is the evidence of P.W. 2 and P.W. 3 inasmuch as P.W. 2 and P.W. 3, too, have deposed in tune with each other that, on the day of the occurrence, they heard hulla inside the house of the accused and when they, alongwith some women of the locality, went to the house of the accused and asked him to open the door, the accused refused to open the door, whereupon they returned home. It is specifically deposed by P.W. 2 that he heard the sound of assault coming from inside the house of the accused and, on the following day, Jaya Kurmi's dead body was found inside the house of the accused. 4. Nothing could be elicited by the defence from the cross-examination of P.W. 1, P.W. 2 and P.W. 3 to show that what they had deposed was untrue or false. In fact, notwithstanding the fact that P.W. 4, P.W. 5 and P.W. 6 had turned hostile, the fact remains that the evidence of P.W. 1, P.W. 2 and P.W. 3 have, as indicated above, remained unshaken and it is noteworthy that the accused-appellant has himself admitted the truthfulness of the evidence given by P.W. 1, P.W. 2 and P.W. 3, while being examined under Section 313 Cr.P.C. and he, apart from admitting that what the witnesses had deposed was true, has stated that he had no intention to cause his wife's death. 5. Thus, the fact that Jaya Kurmi was assaulted by her husband in the circumstances, as indicated above, stand well proved by the evidence on record. 6. Coupled with the above, it is imperative to note that the doctor (P.W. 8), who had, admittedly, conducted the post-mortem examination, on 28.10.2007, on the dead body of Jaya Kurmi, found as follows: 1. Abrasion and contusion size 6 cm X 4 cm present over the left face. 2. Lacerated injury size 2 cm X 1 cm present over the right frontal region. 3. Abrasion of size 2 cm X 1 cm present over posterior aspect of left elbow joint. 4. Abrasion of size 1 cm X 1 cm present over left fronto chest 4 cm away from left nipple. 5. cariyum and spinal coral scalp contusion of size 10 cm X 8 cm to 4 cm X 2 cm present over right fronto parietal and temporal region. Skull - healthy Vertebrae - healthy Membrane - sub-dural haemorrhage present over the right frontal, right parietal and left temporal region at places. Rest of the membrane congested. Brain - congested Spinal cord - not examined. Abdomen - All abdominal organs are found healthy. 7. Skull - healthy Vertebrae - healthy Membrane - sub-dural haemorrhage present over the right frontal, right parietal and left temporal region at places. Rest of the membrane congested. Brain - congested Spinal cord - not examined. Abdomen - All abdominal organs are found healthy. 7. In the opinion of the doctor (P.W. 8), death was due to coma resulting from the head injury sustained by the deceased, that all the injuries were ante mortem and homicidal in nature and that the injuries were caused by blunt object. 8. In view of the fact that the evidence given by P.W. 8 was not disputed at the trial and we, too, do not notice anything inherently incorrect or improbable in the evidence given by P.W. 8, we are clearly of the view that Jaya Kurmi sustained multiple injuries and though these injuries were minor in nature, they were on different parts of the body and her death, therefore, cannot be regarded as accidental in nature, particularly, when there is nothing in the evidence on record to show that she died as a result of any accidental fall. There remains, therefore, no doubt in our mind that it was as a result of assault on her head by the accused-appellant that Jaya Kurmi had died. 9. As a matter of fact, the multiple injuries, which the said deceased had sustained, the injuries on the right fronto parietal and temporal region, which the said deceased sustained, eloquently speak that the accused-appellant caused the said injuries with the intent to kill her. 10. Because of what have been discussed and pointed out above, we do not notice that the finding of guilt, which the learned trial Court has reached against the accused-appellant, suffers from any infirmity, legal or factual. Neither the conviction of the accused-appellant nor the sentence passed against him, therefore, call for any interference:. 11. We find no merit in this appeal. The appeal, therefore, stands dismissed. 12. Let the learned amicus curiae be paid a sum of Rs. 5,000/- for his valuable assistance rendered to the Court. 13. With the above observations and directions, this appeal stands dismissed. Send back the LCR.