SURATH BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Judgment and order dated 11.1.2011 passed by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 39(K)/04, convicting the appellant under Section 302 and 394, IPC and sentencing him thereby to undergo imprisonment for life and to pay a fine of Rs. 10,000/- in default, further rigorous imprisonment for one year for his conviction under Section 302 IPC and further sentence of imprisonment for 10 years with fine of Rs. 5,000/- in default rigorous imprisonment for 6 months for the offence committed by him under Section 394 IPC, has been challenge in this appeal. We have heard Mr. T.J. Mahanta, learned Amicus Curiae for the appellant. We have also heard Mr. D. Das, learned Addl. P.P. for the State of Assam.

(2.) The prosecution case in brief, is that the accused Surath Burman, sometime before 1995 was domestic helper of Dhirendra Kr. Rava as about 3 years. He left the house of Dhirendra Kr. Rava, in search of better job. Subsequently while he was engaged to drive an auto van in a private company, he used to visit the house of Dhirendra Kr. Rava and enquire about their well being. On 9.3.1999 when he entered the house of Dhirendra Kr. Rava, he found the door of the house open and there was no body. He was acquainted with the where about of the key of the Almirah. He picked up the key and opened the Almirah and took out therefrom VCP, a pair of gold earring, a gold ring, cash amount of Rs. 1600/-, a camera etc and while he was about to leave the house, Devendra Rava's younger sister Phulsana Rabha seeing him screamed. Hearing her scream, the accused returned and kept the articles in the room and told Phulsana Rava (deceased) that he (accused) would not take away those articles and requested her (deceased) not to disclose the matter to anyone. But Phulsana Rava refused his request and walked towards the kitchen. The accused followed her to the kitchen and then picked up a knife and thereafter sliced her neck by means of the knife pulling her hair with the left hand. Thereafter, he decamped the house taking all the aforesaid articles.

(3.) Anindita Rava, PW 3, niece of the decease returned home from her tutorial class at around 1 P.M. and saw her aunt Phulsana Rava lying on the ground. She called her neighbourers and his father Debendra Rava (PW 1), the then Deputy Director of Doordarshan who was at his office, was also informed. On receipt of the information, he (P.W. 1), immediately came to his house and saw the deceased lying dead in the store room with injury on her neck. He found a knife near the dead body. He also noticed cash amount of Rs. 5000/-, VCP, gold ornaments etc were missing. Thereafter, he lodged the F.I.R. and on the basis of his F.I.R., Chandmari P.S. Case No. 63/99 under Section 394/302 IPC was registered.