Prem Chand Lama S/o. Late Dhanman Lama v. State of Assam
2016-10-24
AJIT SINGH, MANOJIT BHUYAN
body2016
DigiLaw.ai
JUDGMENT & ORDER : Manojit Bhuyan, J. The appellant Prem Chand Lama has been convicted under Section 302 of the Indian Penal Code (IPC) for causing death of his daughter-in-law Dalam Lama, aged about 18 years and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000/- and in default, to serve a further period of 2(two) months of rigorous imprisonment. 2. Ejahar (Ext.2) in the case was lodged by Sambhu Lama (PW-2) on 19.03.2009 before the Officer-in-Charge, Lekhapani Police Station stating that around 2.30 P.M. on 19.03.2009 his daughter Dalam Lama was hacked to death by her fatherin- law Prem Chand Lama by means of a dao. According to him, when his daughter was on her way to the weekly bazaar of Bisa Gaon on 19.03.2009, accompanied by Kai Singpho (PW-9), the appellant had hacked her to death with a dao. He also stated that his nephew Sanjoy Lama had informed him about the incident over phone and that he also saw the dead body of his daughter Dalam Lama. Based on the said ejahar, Lekhapani P.S. Case No.14/2009 under Section 302 IPC was registered. Md. Fazil Uddin Ahmed (PW-11), Sub-Inspector of Police, Lekhapani Police Station was entrusted to take up the investigation and upon completion thereof, charge sheet was submitted against the appellant Prem Chand Lama. The case was committed to trial with formal charge being framed. 3. To bring home the charge against the appellant, the prosecution examined as many as 11(eleven) witnesses including the Medical Officer and the Investigating Officer. After close of evidence of the prosecution witnesses, the appellant was examined under Section 313 CrPC and was also heard on the quantum of sentence under Section 235(2) CrPC. 4. According to Dr. Pranab Jyoti Dutta (PW-1), he had performed postmortem examination on the dead body of Dalam Lama on 20.03.2009 and recorded as many as 9(nine) incised wounds on the body of Dalam Lama. In his opinion, death was caused due to injuries sustained and the same are ante-mortem caused by sharp cutting object and homicidal in nature. He also deposed that the Injury No.1 was sufficient to cause death of a person in the ordinary course of nature. Post-Mortem Report was brought in evidence as Ext.1. 5. Shankar Chetry (PW-3), Dil Bikram Thapa (PW-4), Krishna Lama (PW-5), Ram Bahadur Thapa (PW-6), Mainong Singpho (PW-7), Punam Thapa (PW-8), Smti.
He also deposed that the Injury No.1 was sufficient to cause death of a person in the ordinary course of nature. Post-Mortem Report was brought in evidence as Ext.1. 5. Shankar Chetry (PW-3), Dil Bikram Thapa (PW-4), Krishna Lama (PW-5), Ram Bahadur Thapa (PW-6), Mainong Singpho (PW-7), Punam Thapa (PW-8), Smti. Bisakai Singpho (PW-9) and Tez Bahadur Chetry (PW-10) are all eye witnesses to the gruesome incident. Each of the said prosecution witnesses categorically deposed of having seen the appellant Prem Chand Lama inflicting dao blows upon the deceased. They also stated that after dealing blows with the weapon of offence, the appellant was sitting near the dead body of the deceased which was lying on the ground and was threatening the people that he would inflict dao blows if any one tried to interfere. Eventually, the appellant was disarmed when one person dealt a blow upon the appellant’s hand. Out of the aforesaid prosecution witnesses, the most clinching evidence has been rendered by Smti. Bisakai Singpho(PW-9), who was accompanying the deceased Dalam Lama on the date and time of the incident. According to PW-9, she along with Dalam Lama was proceeding to the weekly market at Bisa Gaon at around 1 P.M. and while reaching a turning on the road, the appellant suddenly appeared and gave blows upon the person of the deceased. As a result, Dalam Lama fell down on the ground. According to her, she ran away from the place of occurrence for fear of her life and on reaching home, had informed the matter to the brother-in-law of the deceased i.e. Sankar Lama over phone. Smti. Bisakai Singpho also deposed that police had recorded her statement and on being produced before the Magistrate at Margherita Court, her statement (Ext.7) had also been recorded by the Magistrate. 6. The depositions on record of the aforesaid prosecution witnesses are consistent and the defence have utterly failed to disturb or shatter the evidence so tendered. 7. Ext.7, being the statement of Smti. Bisakai Singpho (PW-9) recorded under Section 164 CrPC renders an account of the incident of 19.03.2009 without any material inconsistency with her deposition given before the Court. So are the statements of Smti. Punam Thapa (PW-8) and that of Tez Bahadur Chetry(PW-10), recorded under Section 164 CrPC, being wholly consistent with their evidence tendered before the Court.
Bisakai Singpho (PW-9) recorded under Section 164 CrPC renders an account of the incident of 19.03.2009 without any material inconsistency with her deposition given before the Court. So are the statements of Smti. Punam Thapa (PW-8) and that of Tez Bahadur Chetry(PW-10), recorded under Section 164 CrPC, being wholly consistent with their evidence tendered before the Court. By way of lending support to the prosecution case and that of the depositions of the eye witnesses, mention is made that while hearing the appellant on the quantum of sentence an admission was made by him to the effect that he found Dalam Lama engaging in an illicit act with a co-villager. He got enraged and killed her. 8. We have heard Ms. Binita Devi, learned counsel for the appellant as well as Mr. Makhan Phukan, learned Addl. Public Prosecutor, Assam. Also, we have carefully considered the materials on record and the judgment rendered by the Court below in Sessions Case No.169(M)/2009. The discussions, findings and decisions thereof do not suffer from any infirmities. The prosecution has been able to fully establish the guilt of the appellant beyond all reasonable doubt, linking the appellant to the commission of the crime. The criminality on the part of the appellant having been found fully established, based on evidence on record, we hold that the conviction and sentence imposed upon the appellant by the learned court below do not call for any interference. We affirm the judgment and order dated 19.12.2011 passed by the Addl. Sessions Judge (FTC) No.2, Tinsukia in Sessions Case No.169(M)/2009. Accordingly, the present appeal stands dismissed.