LAWS(GAU)-2006-1-10

ARUN CH NATH Vs. STATE OF ASSAM

Decided On January 25, 2006
ARUN CH.NATH Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction, passed by the learned Sessions Judge, Nagaon, on 14.6.2004 in Sessions case No. 155/2000, convicting the accused appellant under Section 302 Indian Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default, rigorous imprisonment for another six months and also convicting the accused U/S 448 IPC by sentencing him to undergo rigorous imprisonment for six months and to pay a fine of Rs. 200/-, in default, rigorous imprisonment for another one month, the accused appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure 1973, questioning the legality and validity of the judgment and order of conviction.

(2.) The conspectus of the prosecution case, in brief is as under. On 7.9.1998, at around 5 P.M. when no member of the family was present in the house except the deceased, the accused entired into the house and killed her and left after hanging. The mother of the deceased examined as P.W. 1, when returned from the 'Namghar', (community prayer house) saw Arun, the accused, running away from inside the house through the rear door of the house and on entering the inner room in the north, she found her daughter hanging, which culminated in lodging the F.I.R. by the brother of the deceased who is examined as P.W. 2 by the prosecution. On receipt of the aforesaid F.I.R., the Officer-in-charge, Khatowal Police Station, registered a case being Khatowal P.S. Case No. 34/98 under Section 302 I.P.C. The Investigating Officer investigated the case. During investigation, the witnesses were examined under Section 161 of the Code of Criminal Procedure, he drew a sketch map of the place of occurrence, made inquest on the deadbody and arrested the accused and sept the deadbody for post mortem examination. On completion of investigation, he had submitted the charge sheet. Since the case is triable by the Court of Sessions, it was trasmitted to the learned Court of Sessions, Nagaon, who had framed the charge under Section 302/448 I.P.C. against the accused and the charge was read over to the accused to which, the accused pleaded not guilty.

(3.) During the trial, the prosecution examined altogether 8 (Eight) witnesses, including the Doctor and the Investigating Officer to substantiate the charge. P.W.I, Smti, Premalata Nath Devi deposed that, on the day of occurrence, she had gone to 'Namghar' at noon, leaving her daughter alone at home and returned home at 5 P.M. On her return, she found the front door of the house closed from inside. She called out but did not get any response. She then went to the rear door of the house and called out. At that, the accused opened the door and ran away. Going inside, she had found water lying at the doorway. On entering the house, she found her daughter Tutumoni, the deceased, lying unconscious, leaning against the wall next to the bedstead. The deceased had a yellow 'Churni' tied around her neck and her mouth was gagged with a blouse. She was unconscious. Thereafter, she raised a commotion. Neighbouring people came. Blood was flowing out her genitalia. P.W. 1 has further stated that, the accused hails from their village. They have no visiting terms with the accused. However, she saw the accused on the road occasionally. They had no quarrel with the accused. During cross examination, P.W. 1 had stated that, they had no dispute with the accused involving the deceased. There was no arbitration involving them. The deceased had no relation with the accused. She had never found the accused in their home previously. She had stated that, when her statement was recorded by the police, she had told that, a couple of months ago, she had told Arun's parents about his developing love affair with her daughter. When she had seen the occurrence, she came out shouting and became unconscious. She regained consciousness on fthe next day. Till that time, her daughter had fbeen hanging. Police came at about 8 A.M., the next day and her daughter had still been hanging from the rafter. The police took the dead body down. She had further stated that, 'her daughter had never gone to stay in Arun 'Math's house, the accused. However, her daughter had gone to Arun Nath's house sometime one month proceeding her death, to lodge a complaint there and she came back when her complaint yielded nothing. The other suggestions put to her, had been denied.