HOLIRAM BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant was one of the accused in a case registered by Boribazar Outpost in Assam. Originally, there were seventeen accused. Three accused, including the appellant were absconding and apprehended later. Fourteen accused persons were tried by the Sessions Judge, Morigaon in Sessions Case No. 47/99 and they were all found guilty of various offences. The case of the present appellant was put up and numbered as 47A/99 and tried separately. The appellant was found guilty of the offences punishable under Sections 147, 148, 436, 326 and 302 read with Section 149. For the main offence under Section 302 read with Section 149, he was awarded the capital punishment by the Sessions Judge. The appellant filed an appeal before the High Court of Assam at Gauhati, and there was also a Reference against the death penalty imposed on the appellant. The appeal and the Reference were disposed of by a common judgment and the death penalty imposed on the appellant was confirmed by the High Court. The appellant challenges his conviction and sentence in this appeal.

(2.) The occurrence took place in the morning of 26-111996. Deceased Narayan Bordoloi along with his wife and three children were staying in a hut within the jurisdiction of Boribazar Outpost. On the date of the incident, the appellant Holiram Bordoloi along with seventeen others came near the house of Narayan Bordoloi. Appellant Holiram and the other accused were armed with lathi, dao, jathi, jong and various other weapons. On seeing Holiram and others, Narayan Bordoloi and his brother Padam Bordoloi went inside the house and remained there. Six year old son Nayanmoni, eight year old Chitralekha, sixteen year old Nabid and Budheshwari - wife of Narayan Bordoloi were also in the hut. The accused persons started pelting stones on the bamboo wall of the hut. Then they tied the door from outside and set the hut on fire. PW-2 Padam Bordoloi pierced the bamboo wall of the hut and escaped. Nabid also managed to escape from the hut, though he sustained injuries. PW-1 Budheshwari, who had sustained serious burn injuries but managed to come out from the house fainted. Narayan Bordoloi and his six year old son Nayanmoni were trapped inside. Nayanmoni somehow came out from the hut. But the appellant Holiram and another accused person caught hold of him and threw him into the fire. Narayan Bordoloi and Nayanmoni were completely burnt and died on the spot. Nagarmol Bordoloi, the elder brother of deceased Narayan Bordoloi was staying in another house at some distance from the house of Narayan. Nagarmol Bordoloi was caught and dragged to the courtyard of Holiram, where the appellant cut him into pieces.

(3.) PW-2 Padam Bordoloi went to the police post and gave the first information to the police. The police took over the investigation and PW-9 Prabodh Saikia conducted the investigation. The remnants of the body of Narayan and Nayanmoni were found near the Gataks house. The dead body of Nagarmol was found near the house of Holiram, the appellant. The Investigating Officer recovered the burnt portions of some materials and also a burnt bicycle was found at the site. He held inquest over the dead bodies and then the dead bodies were sent for post-mortem examination. On the side of the prosecution, ten witnesses were examined. PW-1 Budhi Sen, PW-2 Padam Bordoloi, PW-3 Nayan Bordoloi and PW-4 Chitralekha were examined by the prosecution. They deposed that the house of Narayan Bordoloi was burnt and as a result Narayan and his son died from burn injuries. Another important witness examined is PW-5 Beenapani Bordoloi, the wife of deceased Nagarmol Bordoloi. She gave the evidence regarding the incident wherein her husband was assaulted and cut into pieces by the appellant and the other accused. The Sessions Judge relied on the evidence of some of these witnesses and found the appellant guilty. The High Court confirmed the findings of the Sessions Court.