BHUBAN TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment dated 14/9/1992 passed in Sessions Case No. 18/91, the learned Sessions Judge, Silchar (Shri S. N. Bezbaruah) convicted Bhuban Tanti u/s 302 IPC for murder and sentenced him to death. He convicted him also u/s 448 IPC and sentenced to R.I. for six months and fine of Rs. 500/- in default, to R.I. for two months. The learned Sessions Judge made reference to this court u/s 374 Cr PC for confirmation of the sentence of death. The convict Bhuban Tanti preferred. Criminal Appeal No. 118 (J)/92 from that Judgment.

(2.) After hearing Mr. B.P. Bora, learned P.P. for the State of Assam and Mr. A.K. Goswami, the learned amicus curiae for the convict, we now dispose of the reference and the appeal by this common judgment.

(3.) In brief, the facts areas follows: The convict was a tea labourer who resided with his wife Uma Tanti at Chanduwa Tea Estate. Rajkumar Tanti, who was Umas related uncle, was also a tea labourer and he resided with his wife Arati, and son Biswajit, at Chotto Jalenga Tea Estate. As there was quarrel Uma temporarily left husbandTs house and had been taking shelter in the house of her uncle Rajkumar Tanti at Chotto Jalenga for one month. At 7 P.M. on 17/7/1989 while Rajkumar was away in market, the convict (Bhuban Tanti) came to Chotto Jalenga with dagger in hand, entered the house of Rajkumar and stabbed Uma on the chest. As Rajkumars wife Arati tried to save Uma, the convict stabbed her also on the abdomen. Uma died on the spot. PW 13 (Biswajit Tanti), a minor son of Rajkumar and Arati, was present in the house and saw both the occurrence. When PW 5 (Braja Tanti), PW 7 (Smt. Sabitri Tanti) and PW 12 (Rajkumar Tanti) and other neighbours came Arati told them that the appellant stabbed Uma with a dagger and then stabbed her with the same dagger. PW 13 (Biswajit Tanti), who saw both the occurrence also told the same thing to them. After a while Rajkumar Tanti produced his injured wife Arati before the police investigation centre, Duarbond at 10.30 p.m., i.e., just after three and half hour of the occurrence, and orally reported the incident. The oral report of Rajkumar Tanti was recorded in G.D. as Entry No. 298 (Ext. 4). In short the Entry was this: Now Rajkumar Tanti of Jalenga Tea Estate appears with his wife Arati and reports that at 7 P.M. Bhuban Tanti of Chanduwa Tea Estate entered his house in his absence and stabbed his own wife Uma with dagger on the belly in the house. As his wife Arati intervened, Bhuban stabbed her also with dagger. Uma died on the spot and Arati is now in critical condition TI