SWAPAN RABIDAS @ JITU Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 19.02.2011 passed by the learned Addl. Sessions Judge(FTC), Cachar at Silchar, in Sessions Case No.88/2009, convicting the accused appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo rigorous imprisonment for a further period of 3(three) months.

(2.) Based on the first information report lodged by Ramsurat Rabidas (PW-4), father of the victim, on 23.08.2002, with the Officerin- Charge of Tarapur Police Out Post, alleging that his daughter Rina Rabidas (deceased), who was given marriage to the appellant and was pregnant for 5(five) months, is found dead in the appellant s house, who used to torture his daughter frequently, G.D. Entry No.430, dated 23.08.2002 was initially registered in the Out Post and thereafter Silchar P.S. Case No.1145/2002 under Section 302/34 IPC was registered against the present appellant as well as Sri Hira Rabidas, Sri Ratan Rabidas, Sri Paresh Rabidas, Sri Thakur Rabidas and Sri Swapan Rabidas. During investigation the police visited the place of occurrence, got the inquest done, recorded the statements of the witnesses who are acquainted with the facts and circumstances of the case under Section 161 Cr.P.C. and sent the dead body for post mortem examination. On completion of investigation charge-sheet under Section 302/34 IPC was filed against the present appellant as well as Sri Hira Rabidas, Sri Ratan Rabidas and Sri Paresh Rabidas. The case being exclusively triable by the Court of Sessions, the learned Addl. Chief Judicial Magistrate, Cachar at Silchar, vide order dated 20.06.2009 sent the accused persons for trial to the Court of Sessions and accordingly Sessions Case No.88/2009 has been registered and numbered. The learned Addl. Sessions Judge(FTC), thereafter, framed the charge against the appellant, Hira Rabidas, Ratan Rabidas and Paresh Rabidas under Section 302/34 IPC, which when read over and explained to the accused persons, they pleaded not guilty and claimed to be tried. Hence the trial commenced.

(3.) During the course of trial the prosecution in order to bring home the charge against all the accused examined 9(nine) witnesses, namely, Sri Jyotirmoy Bhattacharjee (PW-1); Sri Beprodip Chakraborty (PW-2); Sri Swapan Roy (PW-3); Sri Ramsurat Rabidas (PW-4); Smt. Rukmini Rabidas (PW-5); Smt. Bina Rabidas (PW-6); Sri Mrinal Kanti Roy (PW-7); Dr. B.C. Roy Medhi (PW-8) and Sri Shyambabu Singha (PW-9). PWs-2 and 3 have been declared as hostile, they having not supported the prosecution case. While PW-1 is the neighbor of the accused, PW-4 is the father, who lodged the first information report, PW-5 is the mother and PW-6 is the sister of the deceased. PW-7 has proved the inquest done by the learned Executive Magistrate on the dead body and who was present during the conduct of such inquest. PW-8 is the doctor who proved the post mortem examination report submitted by the Dr. H. Sarmah, Professor and Head of the Department of Forensic Medicine, Silchar Medical College, upon such examination. PW-9 is the Investigating Officer. Upon completion of the recording of evidence of the prosecution witnesses, the statements of the accused persons were recorded under Section 313 Cr.P.C. The defence case is of complete denial. The accused persons, however, have not led any evidence in defence, despite the opportunity given.