GAUHATI HIGH COURT ISSUES ORDER FOR PRABIN PHUKAN V/S THE STATE OF ASSAM

GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 30:

1. Heard Mr. Rakesh Sarma, learned Amicus Curiae appearing in Crl. A.(J) No.91/2019 for the appellant convict Sri Nipam Phukan @ Petai. Also heard Ms. S. Sarmah, learned Amicus Curiae appearing in Crl. A.(J) No.74/2019 for the appellant convict Sri Prabin Phukan @ Bira as well as Ms. B. Bhuyan, learned Sr. Counsel and Addl. P.P., Assam assisted by Ms. R. Das, appearing for the State.

2. These two appeals have arisen out of the impugned judgment dated 04.04.2019 passed by the learned Addl. Sessions Judge (FTC), Lakhimpur, North Lakhimpur in Sessions Case No.104(NL)/2018, by which the appellants, who are brothers and allegedly under the influence of alcohol, have been convicted under Section 302/34 of the IPC, for having caused the death of the father of the informant, Prosecution Witness No.1 (PW-1), by stabbing him with a knife, after they had been told by the deceased to go home and not make a nuisance. They were accordingly sentenced to suffer rigorous imprisonment for life and to pay fine of Rs.5,000/- each, in default, to suffer rigorous imprisonment for 6 months each under Section 302/34 of the IPC.

3. The prosecution case in brief is that an FIR dated 24.01.2018 was submitted by the informant (PW-1) to the Officer-in-Charge of Narayanpur P.S., stating thataround 8:30 pm on 23.01.2018, the appellants had confronted her husband, when he went to purchase betel leaf from a shop. They assaulted him with a sharp weapon and thereby killed him. People apprehended the appellants at the place of occurrence and assaulted them before handing them over to the police. Pursuant to the FIR, Narayanpur P.S. Case No.29/2018 under Section 302/34 of the IPC was registered. PW-11 was thereafter entrusted to investigate the case.

4. After examining the witnesses, making an inquest report and after the post-mortem report was made, the Investigating Officer (PW-11) submitted a charge-sheet against the appellants, having found a prima facie case under Section 302/34 of the IPC against them.

5. The learned Trial Court thereafter framed charge under Section 302/34 of the IPC against the appellants, for having intentionally caused the death of the deceased, in furtherance of their common intention to kill him by assaulting him with a sharp weapon. The appellants pleaded not guilty to the charge framed against them and claimed to be tried.

6. The learned Trial Court examined 11(eleven) prosecution witnesses and 1(one) defence witness. Interestingly prosecution witness No.9 (PW-9) was also examined as a defence witness (D.W.-1). The learned Trial Court examined the appellants under Section 313 Cr.P.C., wherein they gave a blanket denial to the evidence that had been adduced against them. The learned Trial Court thereafter came to a finding that the prosecution had been able to prove that the appellants had murdered the deceased, in furtherance of their common intention to kill him and the learned Trial Court accordingly convicted and sentenced them under Section 302/34 of the IPC.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WiepeeXer5P148qRCEfB%2FRqiWiITYwsOuvPTUUn8Q4dH&caseno=CRL.A(J)/74/2019&cCode=1&cino=GAHC010212082019&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.