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2017 DIGILAW 34 (GAU)

Lada Munda v. State of Assam

2017-01-06

AJIT SINGH, MANOJIT BHUYAN

body2017
JUDGMENT : Manojit Bhuyan, J. The sole appellant Lada Munda has been convicted under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life with fine and default stipulations for causing the death of his wife Rubi Murah, aged about 30 years on 09.10. 2011 at around 7.30 A.M. in their own house. The seized instrument of offence is one dry firewood about 1 ft. 4 inch long. Rubi sustained injury on the cranium and spinal canal with fracture of 3rd, 4th, 5th and 6th on the right side of the rib. 2. Ejahar (Ext.-1) dated 09.10.2011 was lodged by Thanda Munda (PW-1), who is the brother of the appellant, stating that when he reached home at 8 A.M. after doing night duty, the appellant's son Siba Mura informed him of a quarrel between his father and mother and that his mother (Rubi Mura) had sustained injuries. Thereafter, that his father had taken his mother to the hospital in a pushcart and had returned home again. Upon such information, PW-1 had gone over to the appellant's house to enquire into the matter where he found some members of the Village Defence Party and learnt that Rubi Murah had died. He got an ejahar written and lodged the same with Sonari Police Station. On the basis of the said ejahar, a case was registered as Sonari P.S. Case No. 205/2011 under Section 302 IPC. Md. Abdul Hannan (PW-7) took charge of the investigation and on the same day visited the place of occurrence. He found the appellant in the house and also found the dead body of a woman lying inside the house. The weapon of offence i.e. firewood was seized in presence of witnesses, on being handed over by the appellant himself. Memos were drawn, the body was sent for post mortem examination, appellant was arrested and statement of witnesses were recorded. In course of investigation, the appellant was forwarded to judicial custody for recording his confessional statement, which the appellant declined to do so. Two other witnesses, namely, Rita Munda (PW-5) and Basani Gowala (PW-3) were also produced before the Court of the Sub-Divisional Judicial Magistrate, Charaideo with prayer for recording their statement under Section 164 CrPC. After completion of investigation, Charge Sheet (Ext.-7) was submitted against the appellant under Section 302 IPC and the case was committed to trial. 3. Two other witnesses, namely, Rita Munda (PW-5) and Basani Gowala (PW-3) were also produced before the Court of the Sub-Divisional Judicial Magistrate, Charaideo with prayer for recording their statement under Section 164 CrPC. After completion of investigation, Charge Sheet (Ext.-7) was submitted against the appellant under Section 302 IPC and the case was committed to trial. 3. During the trial proceeding, the prosecution examined as many as 8 (eight) witnesses including the Investigating Officer and the Medical Officer. Basani Gowala (PW-3) and Rita Munda (PW-5) deposed as eye-witnesses to the incident. Murali Bhumij (PW-2) and Tarun Rajput (PW-4) stood as seizure witnesses and also deposed that the appellant had confessed before them as regards the quarrel with Rubi and injury inflicted on Rubi with the firewood. PW-2 stated that although the appellant admitted his participation and in dealing blow on Rubi with a firewood, however, that the same was done without the intention to cause death. PW-4 deposed to the extent that he saw a wound in Ruby's chest. Basani Gowala (PW-3) stated that at around 10 O' clock on the day of the incident she was splitting firewood in front of her house. She heard the appellant asking his wife Rubi to come outside to split firewood. When Rubi came outside, she saw the appellant assaulting his wife and continuing to do so while taking Rubi inside the house. About half-an-hour later she saw the appellant bringing a pushcart and taking his wife Rubi to Jabaka Garden Hospital. She also stated that when Police arrived, her statement was taken and she was also sent to the Court for recording her statement. Rita Munda (PW-5) deposed that her house is located adjacent to the appellant's house. On the day of the incident, she was at home and at around 8 O' clock when she was outside the house a quarrel had taken place between the appellant and Rubi. The appellant assaulted Rubi with a firewood and thereafter they entered inside the house. A little later, the appellant took Rubi to the hospital in a pushcart and returned home with the dead body of Rubi. Upon arrival of the Police, she was taken to Sonari Court and her statement was recorded. 4. Dr. Dhrubajyoti Dutta (PW-8) had performed autopsy on the dead body of Rubi. The Post Mortem Report (Ext.-9) was proved by him. Upon arrival of the Police, she was taken to Sonari Court and her statement was recorded. 4. Dr. Dhrubajyoti Dutta (PW-8) had performed autopsy on the dead body of Rubi. The Post Mortem Report (Ext.-9) was proved by him. He found injury on face, chest and abdomen of Rubi. There was injury on cranium and spinal canal with fracture of the 3rd, 4th, 5th and 6th ribs on right side. In his opinion, death was due to syncope with injuries found in the cranium and spinal canal being sufficient to cause death of a person in the ordinary course of nature. He also deposed that injuries found on the dead body can also be caused by firewood (Material Exhibit-1). 5. The appellant declined to adduce evidence in defence. However, on his examination under Section 313 Cr.P.C. he admitted to the quarrel with his wife as well as beating his wife with a firewood, which had been seized by the Police vide Seizure List at Exhibit-3. He also admitted to having taken his wife to the Garden Hospital in a pushcart and that she was declared dead by the Doctor at the hospital. He also answered in the affirmative that he showed the Police the firewood which had been used in the commission of the crime. He stated that his wife died as she was assaulted with firewood. 6. Marshalling the evidence on record, first and foremost, the deposition of Murali Bhumij (PW-2) and that of Tarun Rajput (PW-4) as regards the extra-judicial confession alleged to have been made before them by the appellant are not believable, in as much as, tested against their statement made under Section 161 CrPC, such testimonies are ex facie improved version made before the Court. However, in so far as Basani Gowala (PW-3) and Rita Munda (PW-5) are concerned, their respective accounts as eye-witnesses to the incident could not be shaken and are worthy of credence and belief. The narration of facts tendered by them before the Court are wholly consistent with their statements made under Section 161 and Section 164 CrPC. Their evidence goes to establish the case of the prosecution that it was the appellant alone who is responsible for causing the death of Rubi Murah by means of a firewood. The assault on Rubi by a firewood, as narrated by the said PW-3 and PW-5, finds support from medical evidence. Their evidence goes to establish the case of the prosecution that it was the appellant alone who is responsible for causing the death of Rubi Murah by means of a firewood. The assault on Rubi by a firewood, as narrated by the said PW-3 and PW-5, finds support from medical evidence. The appellant had admitted to his involvement in beating Rubi with a firewood and also his effort to save Rubi by taking her to the hospital in a pushcart. However, this conduct alone cannot absolve the appellant from his criminal liability and for imposing lesser punishment, in as much as, it was not just one blow that he dealt on Rubi but continuous blows which resulted in injuring Rubi on the cranium and spinal canal together with fracture of 3rd, 4th, 5th and 6th ribs on the right side. Further, there is no explanation in his statement under Section 313 CrPC as to the immediate cause for beating Rubi on various parts of the body. It is not a case where the offence had been committed upon grave and sudden provocation or in the heat of passion. Although there was a quarrel, the appellant had taken undue advantage by dealing continuous blows on Rubi by means of a firewood. A close scrutiny of the evidence on record do not compel this Court to disagree with the conviction and sentence imposed by the Court below. We find no merit in the case and, accordingly, the appeal stands dismissed. 7. Lower Court Records be sent back forthwith.