TIBHU TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This instant Appeal has been preferred under Sec. 374(2) of the Code of Criminal Procedure, 1973 [corresponding to Sec. 415 of the BNSS] against the judgment and order dtd. 5/11/2022 passed by the learned Addl. Sessions Judge, Jorhat in Sessions Case No. 241/2016 whereby the appellants have been convicted under Sec. 302/34 of the IPC [corresponding to Sec. 103 BNS and 3(5) BNS] and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000.00 (Rupees Five Thousand) i/d to undergo S.I. for 6 months.

(2.) The criminal law was set into motion by lodging of an Ejahar on 13/7/2016 by one Pawan Bawri, who is the son of the deceased. It was alleged inter-alia that on the said date at about 12.15 am as their neighbour Dipanjali Uria, daughter of Late Kamdev Uria had died out of an ailment, it was suspected that the said death was because of some incantation of his father. At around 1.30 am, Sri Mahesh Uria, younger brother of Late Kamdev Uria and son of Ghana Uria, accompanied by a resident of the Bahbari Branch of the Tea Estate, armed with weapons had trespassed into their house and took his father Shri Lal Bawri forcibly from their house to the house of the neighbour Tibhu Tanti where they tied his father to a post of the verandah and then Tibhu Tanti and Mahesh Uria, in association with the people of the village had brutally killed his father by assaulting him throughout the night with weapons like rod, hammer, spike etc. Thereafter, they had dragged the dead body of his father and threw it in river Kakodonga . It has also been alleged that though he was hearing the scream of his father when the miscreants were torturing him, they did not allow him to go near his father. The police had recovered the body of the father from the river in the morning.

(3.) Based on the aforesaid Ejahar, the FIR was registered as Pulibor P.S. Case No. 197/2016 and investigation had begun. In the said investigation, the statements of the witnesses were recorded, seizure of incriminating materials made, inquest done, sketch maps prepared and after completion of the formalities, the charge sheet was laid against four persons including the present two appellants. On denial of the charges, the trial had begun in which the prosecution had adduced evidence through 6 nos. of prosecution witnesses.