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2017 DIGILAW 119 (GAU)

Mandip Rava v. State of Assam

2017-01-25

AJIT SINGH, SUMAN SHYAM

body2017
JUDGMENT AND ORDER : Ajit Singh, J. The sole appellant Mandip Rava has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/- with default stipulation. He has also been convicted under Section 201 of the Indian Penal Code and has been sentenced to undergo imprisonment for 5(five) years and fine of Rs. 500/-, with default stipulation. The jail sentences are directed to run concurrently. 2. The victims of the incident were the wife Rina Rava and minor daughter Monika Rava of the appellant. Rina was 25 years old whereas Monika was about 5 years of age at the time of death. Rina was pregnant at the time of her death. 3. According to the prosecution case, on 19.10.2001 Maghu Ram Rava (PW-1) and his wife-Chitra Rava (PW-2) were informed by one boy named Debu Rava of village Chokabaha that the dead body of their daughter Rina was found lying in the forest. Rina was married to the appellant and they had a 5 years old daughter Monika from their wedlock. Both Maghu and Chitra went to the place and saw their daughter Rina lying dead. Her body was partially decomposed. Cousin Milan Rava (PW-4) of Rina also came to know about the discovery of the dead body and saw the body of Rina. By that time other villagers also arrived there. Pradip Rava (PW-5) and Ramani Rava (PW-8) who were also co-villagers made ejahar-Exhibit-1 at Police Station Boko on 24/10/2001. Akshay Das (PW-12)-the then officer in charge of Boko Police Station- on receipt of the First Information Report, came to the place of occurrence and got the inquest done over the dead body of Rina in presence of Pradip (PW-5), Manmohan Rava (PW-7) and Ramani Rava (PW-8). Exhibit-3 is the inquest report. Akshay Das also seized one steel bowl from the place of occurrence in presence of Motiram Rava (PW-6). Pradip, Manmohan and Ramani knew both the appellant and his wife Rina. The body of Rina was then sent for Post-Mortem examination to the Guwahati Medical College and Hospital. 4. On 22.10.2001, Dr. P.C. Sarma (PW-11) conducted the post mortem examination on the dead body of Rina. Pradip, Manmohan and Ramani knew both the appellant and his wife Rina. The body of Rina was then sent for Post-Mortem examination to the Guwahati Medical College and Hospital. 4. On 22.10.2001, Dr. P.C. Sarma (PW-11) conducted the post mortem examination on the dead body of Rina. He found contusion measuring 10 cm x 8 cm on front of chest below the sterna notch with contusion of under surface of sternum and fractures of 2nd to 4th ribs on both sides. The doctor also found one more contusion 6 cm x 4 cm on the back of right arm. He, in his post mortem examination report, Exhibit-1, opined that Rina died due to asphyxia resulting from injury on chest which was caused by blunt force. 5. The appellant could not be arrested immediately by the police because he had absconded. He was, however, arrested after 1½ months from the date of incident. He then led the police to the place where he threw the body of Rina. There Akshay Das recovered the skeletal remains of Monika in a bag, one frock belonging to a girl of 3/4 years of age, one pair of gold plated aluminium bangles and one dao. Seizure of these articles was made vide Exhibit-4 in presence of Pradip and Manmohan. Executive Magistrate Deba Kumar Kalita (PW-9) prepared the inquest report Exhibit-3 of the body of Monika. 6. On 17.12.2001, Dr. P.C. Sarma also performed the post mortem examination on the dead body of Monika. He found that one mandible was fragmented into two pieces by cut injury. The doctor in his post mortem examination report opined that Monika died due to cut injury on mandible which was ante mortem in nature and caused by sharp cutting weapon. 7. It was the prosecution case that the appellant committed the murders of Rina and Monika in the forest and then went to the house of Sabin Rava (PW-3). After spending the night there he left the house by taking the bicycle of Sabin and later even sold the bicycle at Lampara and kept himself away from being arrested. 8. The appellant after his arrest expressed his willingness to make confession. He was, therefore, produced before the Sub-Divisional Judicial Magistrate (Sadar) Latika Boruah (PW-10). In the confessional statement the appellant admitted his guilt of committing the crime. 9. 8. The appellant after his arrest expressed his willingness to make confession. He was, therefore, produced before the Sub-Divisional Judicial Magistrate (Sadar) Latika Boruah (PW-10). In the confessional statement the appellant admitted his guilt of committing the crime. 9. On completion of investigation, Akshay Das submitted the chargesheet against the appellant for offences under Sections 302/201 of the Indian Penal Code. 10. The appellant at the stage of framing of charge, pleaded not guilty but later while being examined as an accused under Section 313 of the Code of Criminal Procedure, admitted that he committed the murders of Rina and Monika and threw their bodies in the jungle. The appellant also revealed that he committed the murder of Rina because she was having illicit relation with other persons. The appellant further stated that while giving a dao blow to Rina, it landed on Monika due to which she died and the frock recovered from the forest belonged to her. The appellant further admitted of showing the place to the police where he threw the dead body of Monika and other materials belonging to her as well as the dao by which he committed the crime. 11. After hearing the learned counsel for the parties and also perusing the record, we are of the considered view that the appeal has no merit and deserves to be dismissed. From the confessional statement of the appellant recorded by Latika Boruah, it is clear that he committed the murder of Rina and he did so because he believed that she was having illicit relation with other persons. The appellant also confessed of committing the murder of Monika. Latika Boruah has testified that she adhered to the mandatory provisions of law while recording the confessional statement of appellant. From the evidence of Latika, it is apparent that appellant made the confession being aware of the implications whatsoever of making such statement. As seen above, the appellant also reiterated his confession of committing the crime while being examined as an accused under Section 313 of the Code of Criminal Procedure. He has explained as to how he committed the crime and to which place he went after committing the crime. His evidence is corroborated by the testimony of Sabin Rava who confirmed that appellant did come to his house and spent the night with him. He has explained as to how he committed the crime and to which place he went after committing the crime. His evidence is corroborated by the testimony of Sabin Rava who confirmed that appellant did come to his house and spent the night with him. According to Sabin, the appellant had taken his bicycle on the next morning. The appellant has explained in his statement that he spent the night and sold the bicycle as he was not paid for his work rendered to Sabin earlier. According to the evidence of Akshay Das, the dead body of Monika was found at the place shown by the appellant and the weapon of assault was also recovered from that place. The post mortem examination report of Monika confirms that she died of injuries caused by sharp cutting weapon and dao is such a weapon by which injuries as found on Monika could be inflicted. 12. In view of the aforesaid, it can be safely held that the prosecution has been able to prove the circumstances against the appellant beyond reasonable doubt. It has been proved that the appellant led the police and the villagers to the place where the dead body of Monika and other article including the weapon of assault were kept concealed and the same were thus recovered. The appellant was the best person to explain as to how his wife and daughter met their tragic ends and he had confessed that he was the person responsible for their death. His confessional statement is reliable and trustworthy, which was recorded by adhering to the provisions of law. Besides, he absconded immediately after the occurrence which fill up the missing link and act as an additional circumstance. The appellant also maintained during his statement recorded under Section 313 of the code of Criminal Procedure that he committed the crime and threw the bodies along with the weapon of the crime in the forest and led the police to those places. Hence, the chain of circumstances has been complete and the circumstances have been also proved beyond reasonable doubt. As such, we have no hesitation but to hold that the appellant was the sole perpetrator of the crime. 13. Hence, the chain of circumstances has been complete and the circumstances have been also proved beyond reasonable doubt. As such, we have no hesitation but to hold that the appellant was the sole perpetrator of the crime. 13. We, therefore, having regard to the above, find ourselves in complete agreement with the finding of the trial court and hold that the conviction and sentence of the appellant is proper and hence not liable to be interfered with. 14. Accordingly, the appeal stands dismissed being devoid of merit.