STATE OF ASSAM Vs. DHANESWAR HALOI

JUDGEMENT

(1.) All these Criminal Appeals No. 35/2000, 36/2000, 37/2000 and 43/2000 are being disposed of together as they have arisen out of one Sessions trial culminating into the judgment of the learned Sessions Judge convicting all the appellants under Section 302/ 148/149/458/149,326/149,325/149,325/324, 328/149,325/149,395 and 427 of the Indian Penal Code. Accused Dhaneswar Haloi has been sentenced to death whereas the other accused have been sentenced to undergo Rigorous Imprisonment for life under Section 302 of the Indian Penal Code. They have also been sentenced to undergo other terms of imprisonment under various other sections to which we need not make any reference as they are detailed in the judgment of the learned Sessions Judge.

(2.) The prosecution story as has been unfolded in the First Information Report, Ext. 1 in short is that at 9 P.M. on 23rd of September, 1989 when the informant, who has appeared as P. W. 1, along with other members off the family were about to go to sleep after dinner, seven named accused persons Sri Dhaneswar Haloi A Sri Niron Haloi A Sri Dinesh Baishya (dead)A Sri Rup Kanta Haloi A, Sri Ramen Haloi A Sri Ratneswar Haloi and Sri Harkanta Haloi A along with others armed with deadly sharp weapons as daggers, spears, daos etc. trespassed into the complainant's residence and entered their dwelling houses by breaking open their doors and windows. It is further alleged in the First Information Report that the accused persons at the first instance inflicted grievous injuries upon the informant Monomoti Haloi, PW.1 and upon her father, Sri Moniram Haloi, Sri Swargaram Haloi, Smti. Dhaneswari Haloi, Smti Purnima Haloi and Sri Manju Haloi by staffing them with daggers and by hacking with daos. It is further alleged that they looted away the cash, articles and staffed her elder brother, Tarun Haloi to death with dagger, dao etc., before leaving their homes.

(3.) In order to sustainable the allegations made in the First Information Report, the prosecution has produced as many as 17 witnesses out of whom four witnesses i.e. PW.1, PW.2, PW.4 and PW.5 are the eye-wintessesregarding the occurrence which took place inside the room where Tarun Haloi has been murdered. It would not be out of place to mention at this stage that the father of the informant was killed outside in the verandah whereas Tarun Haloi was killed inside the room where the aforementioned eye-witnesses were present. In short, the evidence of PW. 1 is that there was a dispute between the complainant party and the accused Dhaneswar culminating into filing of a criminal complaint and out of grudge Dhaneswar along with his brother Niranjan and others entered the house at 9 P.M. Elder sister Purnima, PW.2 saw two men standing behind their newly built house and she called out to her mother that she should come and see as to who were the men standing. Swargaram Haloi, the elder brother of Moniram came in response to the call of Purnima and went towards the road. At that time the accused persons came with daggers and spears and shouted by saying that they would see as to who would save Tarun on that day. They attempted to break the walls of the dwelling house, but having failed to make their entry into through the walls, four rods affixed with the window were broken and through this passage they entered the house. It has further come in the evidence of PW. 1 that Purnima and the eye-witnesses were there in that room where Dhaneswar, Niranjan, Rup Kanta and Dinesh (who has died during the investigation) entered. Dhaneswar and the other three persons were recognised by the eye-witnesses as a lantern and a lamp were burning inside the room. It has further come in the evidence that having entered the house, the accused persons asked for Tarun who had hid himself in a Gash Pera' (a very heavy wooden box for keeping valuables). Since the accused persons did not find Tarun, they put the mosquito net on fire. They further told the four eye-witnesses that they would not do any harm to them if Tarun was brought out. Upon this, the four eye-witnesses replied that Tarun was not there. At that moment PW. 1 was hit by Dhaneswar in the face with a rod making her bled from the forehead. Dhaneswar is alleged to have hit the elder sister and mother on the right hand. It is further stated in the statement of P W. 1 that the back of the mother was trampled with shoes by Dhaneswar upon which she with her hands folded in supplication requested Dhaneswar, but he kicked her in the mouth dislocating two of her teeth. Dhaneswar is alleged to have beaten the younger sister as well. It was thereafter that the accused persons started pushing at the false ceiling of the house thinking that Tarun was hiding there making the ceiling collapse. Ultimately, they found Tarun in the 'Gash Pera and on finding him there Dhaneswar said, "Bastard" you are hiding here. He is alleged to have given a blow with the dagger when Tarun. was still inside the pera. Thereafter he was brought out from the Gash Pera and all the four accused persons gave him beating with nods, daos and daggers. It has further come in the statement of PW. 1 that Dhaneswar in the end dismembered the penis of Tarun with a: sickle which he was carrying in his waist.