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Gauhati High Court · body

2016 DIGILAW 788 (GAU)

Bhaba Kanta Yein v. State of Assam

2016-08-18

AJIT SINGH, N.CHAUDHURY

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JUDGMENT AND ORDER : Ajit Singh, J. The sole appellant Bhaba Kanta Yein has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.2,000/- with default stipulation. 2. The victim of the incident was Purnima Yein, aged about 35 years. 3. According to the prosecution case, on 10.10.2013, at about 4 PM, the appellant caused multiple injuries to Purnima with a dao. This he did in a field at village Archi Lachangaon under Silapathar Police Station. Also Purnima was wife of his younger brother Khemananda Yein (PW-1). Soon after causing injuries, he even surrendered to the police at Silapathar Police Station. When Khamananda came to know about the incident, he brought Purnima to his house and from there, he took her to the Police Station in a vehicle, but on way, she died. Khamananda then made the ejahar exhibit 1, which was recorded as First Information Report. In the ejahar, Khemananda categorically named the appellant as an assailant of Purnima. The police made the inquest report exhibit 5 on the dead body of Purnima at Silapathar Police Station. The police also seized one blood stained dao from the possession of appellant. The seizure of dao is exhibit 4. Jogen Yein (PW-3), Manik Yein (PW-7) and Khemananda Yein (PW-1) are witnesses to the seizure of dao. Dr. Tikendrajit Taid (PW-10) in his post mortem examination report exhibit 7 confirmed that Purnima died due to multiple incised wounds all over the body including head and neck. 4. After surrendering to custody, the appellant expressed his desire to make a confessional statement. The police therefore formally requested the Additional Chief Judicial Magistrate, Dhemaji, Jayanta Kumar Das (PW-2) for recording the confessional statement, who recorded the same on 12.10.2013. Confessional statement of appellant is exhibit 3, wherein he confessed to have committed the murder of Purnima, because she had practised witchcraft on him due to which he suffered acute bowel disorder. 5. Even at the stage of framing of charge on 8.1.2014, the appellant pleaded guilty that he intentionally caused the death of Purnima by means of a sharp cutting weapon. Yet, the trial court decided to proceed with the trial. Later also, the appellant, while being examined as an accused under Section 313 of the Code of Criminal Procedure, admitted that he committed the murder of Purnima. 6. Yet, the trial court decided to proceed with the trial. Later also, the appellant, while being examined as an accused under Section 313 of the Code of Criminal Procedure, admitted that he committed the murder of Purnima. 6. The trial court after appreciating the evidence brought on record by the prosecution convicted and sentenced the appellant as aforesaid. 7. Jayanta Kumar Das (PW-2) has testified that he recorded the confessional statement of appellant after explaining him all the consequences of his making such statement. He has also testified that sufficient reflection time was given to the appellant before his confessional statement was recorded. According to the evidence of Jayanta Kumar Das, the appellant was kept away from police for a day before recording his confessional statement. The confessional statement of appellant reads as under:- “Deceased Purnima Yein was my sister-in-law (younger brother’s wife). Purnima Yein had been looking for a way to apply black magic on me since ‘Jeth’ (May/June) last. One day, on being called by Purnima to have a cup of tea, I went there accordingly. From that point of time, my bowel disorder started. Although I got relieved after taking medicine prescribed by doctor, but my suspicion arose when I suffered from bowel disorder intermittently. Later, I started suspecting Purnima Yein to be witch. My suspicion grew stronger gradually. Purnima Yein stopped talking to me. On the day of incident (Thursday) my belly started bloating. I suffered a lot due to stomach ache. Purnima Yein went to fetch fire-wood from the bank of the river. I followed her secretly. I took the ‘mitdao’ along with me. I met Purnima some 40 ‘nal’ (one nal = 12 feel) away from my house and asked her where she was going whereupon she replied that she was going to fetch firewood. I again asked her as to whether she had gone to the bank of the river to apply black magic on me. I got angry and I hacked in the neck of Purnima in a fit of anger. I hacked her on various parts of her person. Thinking that Purnima had died at the P.O. itself, I returned home. Thereafter, I appeared in the P.S. taking along the dao and surrendered myself before the police. I surrendered before the police at 11.00 p.m. on 10/10/2013. I hacked her on various parts of her person. Thinking that Purnima had died at the P.O. itself, I returned home. Thereafter, I appeared in the P.S. taking along the dao and surrendered myself before the police. I surrendered before the police at 11.00 p.m. on 10/10/2013. Police produced me in the court at noon on 11/10/2013, but due to the shortage of time, police again produced me in the court today at 10.00 a.m. for getting my statement recorded. This much I have to say only.” 8. After scanning the evidence of Jayanta Kumar Das, we are convinced that the above quoted confessional statement of appellant was voluntary and the same was recorded in strict compliance of the provisions of Section 164 of the Code of Criminal Procedure. Apart from this, the confessional statement of appellant also stands fully corroborated by the post mortem examination report of Purnima. There is yet another evidence in the form of ‘oral dying declaration’ of Purnima before witnesses – Uttam Yein (PW-5) and Khagen Yein (PW-8). Both these witnesses have testified that Purnima had disclosed to them that she was hacked by the appellant with a dao. Not only this, as mentioned above, even while being examined as an accused under section 313 of the Code of Criminal Procedure, the appellant admitted of committing the murder of Purnima. 9. For these reasons, we are of the considered view that the trial court has rightly appreciated the evidence brought on record in convicting the appellant for committing the murder of Purnima. 10. The appeal has no merit and is accordingly dismissed.