GUWAHATI, India, Aug. 18 -- Gauhati High Court issued the following order on July 17:
1. This criminal appeal from Jail under Section 383, Code of Criminal Procedure, 1973 ['CrPC' or 'the Code', for short] is preferred against a Judgment and Order dated 13.12.2022 passed by the Court of learned Sessions Judge, Karbi Anglong at Diphu ['the Trial Court', for short] in Sessions Case no. 275/2017 [New] [Sessions Case no. 42/2005 (old)], which arose out of G.R. Case no. 444/2002 and Bokajan Police Station Case no. 164/2002. By the Judgment and Order dated 13.12.2022, the learned Trial Court has convicted the accused-appellant for the offence of murder under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo rigorous imprisonment for another year. The accusedappellant has also been found guilty for the offence under Section 326, IPC and he has been sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs. 10,000/-, in default of payment of fine, to undergo imprisonment for another year. The sentences are ordered to run concurrently.
2. The prosecution story, in brief, is that on 19.12.2002, one Lakheswar Teron [P.W.1] as the Secretary of the concerned Village Defence Party, Bheta Gaon Sarihajan lodged a First Information Report [FIR] at 03-00 p.m. on 19.12.2002 stating inter-alia that at around 10-30 a.m. on 19.12.2002, the accused-appellant inflicted injuries on the person of one Smti. Kamini Hansepi by hacking her with a dao, apart from hacking her child to death, when Kamini Hansepi with her child went to pay a visit to the house of the accused-appellant on that day. The FIR further stated that the condition of Kamini Hansepi was critical. The informant further stated that the accusedappellant also wounded his own wife by hacking her with the same dao. The informant also mentioned that the accused-appellant had, in the meantime, surrendered himself in the Police Station.
3. On receipt of the FIR, the Officer In-Charge, Bokajan Police Station registered the same as Bokajan Police Station Case no. 164/2002 under Sections 326/302, IPC on 19.12.2002 and entrusted the investigation to one Karuna Bora [P.W.9], an Assistant Sub-Inspector of Police attached to Bokajan Police Station.
4. During the course of investigation, the Investigating Officer [I.O.] recorded the statements of the witnesses under Section 161, CrPC. As the accusedappellant had purportedly surrendered at the Police Station on 19.12.2002, the I.O. took him into custody and thereafter, arrested him on 20.12.2002. The I.O. forwarded the accused-appellant to the jurisdictional Court for production along with a prayer to record the statement of the accusedappellant under Section 164, CrPC. The statement of the accused-appellant was, accordingly, recorded under Section 164, CrPC on 20.12.2002 by one Jyotirmoy Daimari [P.W.10], a Magistrate, First Class posted at the Office of the Deputy Commissioner, Karbi Anglong, Diphu. The inquest proceeding on the deadbody of the deceased named Libison Terang, a child of three years of age [approx], was conducted on 19.12.2002 at the Police Station. A dao fitted with a bamboo handle was seized from the possession of the accusedappellant at the Police Station in presence of witnesses on 19.12.2002 vide a Seizure List. As there were two injured persons, they were taken, at first, to provide treatment at Bokajan Primary Health Centre [PHC] immediately after the incident on the date of incident itself, that is, on 19.12.2002, before they were referred for better treatment. The post-mortem examination on the deadbody of the deceased was performed at Diphu Civil Hospital on 20.12.2002.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpPYm2J1cMR4Z5Hz0E4iGdTKWOZO4lEluEw%2Ble5%2FLGn4j&caseno=CRL.A(J)/14/2023&cCode=1&cino=GAHC010013722023&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
