STATE OF ASSAM Vs. BABUL DEKA

JUDGEMENT

(1.) SINCE correctness and justification of the death sentence of Babul Deka, the appellant in Criminal Appeal (J) 104 of 2006 and the respondent in Criminal Death Sentence Reference No. 3 of 2006 hereinafter referred to as 'the appellant', awarded by the learned Sessions Judge, Nagaon in Sessions Case No. 29 (N)/05 has been questioned in both the Criminal Jail Appeal and Death reference above noted, they are being taken up together for analogous hearing and are being disposed of by this common judgment and order.

(2.) THE appellant was convicted under Section 302 IPC for committing murder of late Prasanna Sarma and his wife late Minu Devi and accordingly he was sentenced to death. He was also convicted for commission of offence under Section 307 IPC for attempting to commit murder of P. W. 3 Queen Sarma, P. W. 4 Shri Ashok Sarma, P. W. 5 Renu Sarma Devi, P. W. 8 Shri Rupam Sarma and P. W. 12 Tosheswar Sarma and sentenced him to undergo imprisonment for life.

(3.) IT was alleged in the Ejahar dated 14. 10. 2004 lodged by P. W. 2, Shri Moon Sarma with the Nagaon Sadar Police Station that his uncle the deceased Prasanna Sarma, a resident of village Mahariati married Minu Devi of Mangaldoi town. Thereafter he brought along with him the accused-appellant from Mangaldoi to work at his house as domestic servant. The said Babul Deka, after working there for about 10/12 years, left his house and went to Mangaldoi and stayed there for about 1 years and then he again came to Nagaon and started to work as servant to one Tarun Sarma who was a relative of late Prasanna Sarma. On 12. 10. 2004 the appellant came to the residence of Prasanna Sarma to attend "shradha" ceremony of the grandfather of Prasanna to be held on 13. 10. 2004. After completion of "shradha" ceremony on 13. 10. 2004 the appellant did not return to Nagaon and slept at the house of Prasanna Sarma along with his menial worker Ashok Sarma @ Kancha P. W. 4 in the adjoining bedroom of Prasanna Sarma and Minu Devi. However, on good faith the door in between the room of Prasanna Sarma and P. W. 4 was not bolted. But as ill luck would have it, in the morning on the next day i. e. 14. 10. 2004 the appellant surreptitiously went inside the room of Prasanna Sarma and Minu Devi with a 'dao' and brutally injured them on their neck, face, head etc. resulting in the death of both Prasanna Sarma and Minu Devi. Hearing scream of Minu Devi from the adjoining room, P. W. 4 woke up and pushed the door of Prasanna Sarma and Minu Devi and could see the pathetic serious injuries on those persons. Hardly could he open the door, the appellant started to assault him. To save his live, P. W. 4 came out from the room and raised alarm. The appellant thereafter assaulted P. W. 12 Tosheswar Sarma, P. W. 5 Smti Renu Sarma, P. W. 8 Rupam Sarma and P. W. 3 Queen Sarma with dao. Pradip Sharma P. W. 1 the next door neighbour of P. W. 12 came to the place of occurrence on being informed by P. W. 4. The appellant also tried to assault Pradip Sarma but he straightway went to the Bebejia Police Station by his own auto rickshaw and the I/c Bebejia Police Station made G. D. Entry and later on came to the place of occurrence.