SIBO KURMI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 5 A2000 passed by the learned Sessions Judge at Golaghat in Sessions Case No. 72/98 under Seclion 302 IPC is under challenge in this Criminal Appeal.

(2.) The appellants were found guilty under Section 302 IPC for committing the murder of the deceased Sri Aghanu Kurmi and consequently both of them were convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.500/- each in default further rigorous imprisonment for six months. The prosecution case as emerged out of the F.I.R as well as the evidence of PW 4, Horicharan Kurmi, is that on 19.6.97 there was a religious function arranged by female devotees at a village Namghar. The said function was known as "Gopini Sabah". As the deceased Aghanu Kurmi was the care taker of the Namghar, the female devotees called him to the Namghar to chant panegyric of Goddess Sectala. The panegyric was to be chanted for three days. In the last night of the function i.e. 19.6..97 at about 11 PM, when the deceased was in the Namghar, both the appellants, Sito Kurmi and Padmeswar Kurmi went to the Namghar and started assaulting the deceased alleging that he had unleashed the evil spirit upon them. Both of them gave him blows over his head with a piece of brick resulting the deceased to fell down on the ground. The appellant No.1, Sibo Kurmi cut his throat with a dao and severed his head by its neck with a dao. Deceased died instantly. Thereafter the appellant Sibo Kurmi cut opened Aghanu's (deceased) chest and exposed the heart with a dao. The villagers went to the Police Station and in the following morning i.e. 20.6.97 Police came to the place of occurrence. Then only ejahar was lodged by PW 4, Horicharan Kurmi. The Police found the dead body at Namghar and title said dead body was sent to Golaghat Civil Hospital for post mortem examination. The, Police arrested the appellants who were found in the village. The Police also seized the dao (Kalam Kotari), two bamboo sticks and a piece of brick from the place of occurrence. Police registered a case under Section 302 1PC and submitted charge-sheet against both of them in the court of Judicial Magistrate, Golaghat who committed the case to the Court of Sessions for trial.

(3.) During the trial as many as six witnesses were examined by the prosecution. PW 4 Horicharan Kurmi was examined as the sole eye witness. PW 1 Dr. Beni Madhab Phukan who conducted the post mortem over the dead body of the deceased Aghanu was examined as medical witness. P.W. 2, Ram Awatar Kurmi, PW 3 Sukdew Goala and PW 5 Karma Kurmi were also examined as prosecution witness, being co-villagers. PW 6 Prakash Chandra Hazarika, being the investigating officer, was also examined.