DWIJEN CH. DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Dwipen Ch. Deka @ Dwipen Deka has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life as well as for offence under Section 363 of the IPC and sentenced to one year simple imprisonment, with both sentences running concurrently, together with fine and default stipulations.

(2.) The charge of murder is for causing death of Beauty Bhuyan, aged about 17 years and daughter of the informant Shri Bipin Ch. Bhuyan (PW-2). According to the prosecution case, an ejahar came to be lodged by Bipin Ch. Bhuyan (PW-2) on 24.06.2001 to the effect that on 23.06.2001 at around 11 P.M., the appellant taking advantage of his absence from home took away his daughter. He came to know about it when he reached home at around 12.30 A.M. He learnt that the appellant had come to his house and asked his wife as to his whereabouts. On the date when the ejahar was filed, he was informed by two persons from his village that the dead body of his daughter was lying at Barghopa near Borolia river. On reaching the place, he found the dead body of his daughter with several cut and stab injuries on her body. Even the intestines had come out from the abdomen. A pen and one broken clip was found near the dead body and the frock and panty were stained with blood. On the basis of the ejahar dated 24.06.2001, a case was registered as Kayan P.S. Case No.20/2001 under Section 366/302/34 IPC. Investigation commenced, post mortem was performed, necessary memos were drawn and statements of witnesses were recorded. Upon completion of investigation, Charge Sheet was filed against the 4(four) accused persons including the appellant herein. The case was committed to trial.

(3.) During trial, the prosecution examined as many as 22 witnesses including the Medical Officer (PW-1), the Investigating Officer (PW-22) and the Executive Magistrate (PW-10), who had prepared the Spot Verification Report in the presence of the accused persons. From the defence side, 4(four) witnesses were examined with 2(two) other persons deposing as Court Witnesses.