GAUHATI HIGH COURT ISSUES ORDERS ON PAKU KARMAKAR V/S THE STATE OF ASSAM

GUWAHATI, India, June 17 -- Gauhati High Court issued the following order on May 16:

1. Heard Ms. M. Barman, learned Amicus Curiae for the appellant. Also heard Mr. B. Sharma, learned Additional Public Prosecutor for the State respondent.

2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment & order dated 19.03.2021, passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 51(T)/2018, under Sections 326/307 of the Indian Penal Code, whereby the appellant has been sentenced to undergo Rigorous Imprisonment for 10 (ten) years and to pay fine of Rs. 2,000/- (Rupees two thousand) only, in default to suffer further simple imprisonment for 3 (three) months for the offence under Section 307 of the Indian Penal Code and also sentenced to undergo Rigorous Imprisonment for 10 (ten) years with a fine of Rs. 3,000/- (Rupees three thousand) only, in default to undergo further imprisonment for 6 (six) months for the offence under Section 326 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 23.07.2014, one Shri Amar Boraik lodged an ejahar before the In-Charge, Talap Police Out-Post alleging inter alia that on 22.07.2014, at about 11.00 a.m., his brother-in-law, Shri Paku Karmakar of Chengeli Gaon, hit his elder sister, namely, Mina Karmakar with a dao in an attempt to kill her, caused grievous hurt to her in presence of his old mother, aged about 60 years, and children and cut down one half of her hand's thumb finger and hair. The injured was admitted to Assam Medical College Hospital, Dibrugarh. Upon receipt of the said ejahar, the police of Talap Out-Post made G.D. Entry No. 390, dated 23.07.2014, and forwarded to Officer-In-Charge of Doomdooma Police Station, which was accordingly registered as Doomdooma P.S. Case No. 398/2014, under Sections 326/307 of the Indian Penal Code, and endorsed S.I.(P) Thogish Doley to take up investigation.

4. During investigation, the I.O. visited the place of occurrence, drew the sketch map, examined the complainant, the victim and available witnesses and also arrested the accused and forwarded him to judicial custody. The I.O. also collected the medical report of the victim wherein the doctor opined that the nature of injuries to be grievous one.

5. Thereafter, on completion of investigation, the I.O. having found a prima facie case laid Charge-Sheet against the present accused/appellant vide Charge Sheet No. 159/2015, dated 31.08.2015, before the Court of learned Chief Judicial Magistrate, Tinsukia, which was subsequently committed to the Court of learned Sessions Judge, Tinsukia having found the offence exclusively triable by the Court of Sessions. Accordingly, learned Sessions Judge, after considering the materials available on record and also finding prima facie case, framed charge against the present accused/appellant under Sections 326 & 307 of the Indian Penal Code. The charges were read over and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried.

6. During the trial of the case, the prosecution examined as many as 11 (eleven) numbers of witnesses, including the I.O. and M.O. The accused was also examined under Section 313 Cr.P.C. Thereafter, the learned Sessions Judge, Tinsukia after hearing the arguments put forward by both the parties and on perusal of the materials available on records, vide judgment & order dated 19.03.2021, in Sessions Case No. 51(T)/2018, convicted the accused/appellant under Sections 326/307 of the Indian Penal Code, and sentenced him, as aforesaid.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=zDLovBVSUw02H8XukOjXfEaHf%2FJ%2FpvbGlsjh7moOuXDqAx5k0MMLG1nQsNDe%2BLGr&caseno=CRL.A(J)/18/2022&cCode=1&cino=GAHC010001362022&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.