LAWS(GAU)-2017-11-72

DIGANTA BHUYAN @ BEBAI Vs. STATE OF ASSAM

Decided On November 18, 2017
Diganta Bhuyan @ Bebai Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The sole appellant Diganta Bhuyan @ Bebai has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation.

(2.) The victim of the incident was Durga Bhuyan, aged about 32 years. He was the elder brother of appellant.

(3.) According to the prosecution case, Durga Bhuyan, Diganta Bhuyan (appellant), Ajay Bhuyan (P.W.3) and Bachan Bhuyan (P.W.4) were brothers. Their father had landed properties in Uria Basti of Golaghat District. But the same was not partitioned. All the brothers earlier lived with their parents, but Durga Bhuyan separated after marriage and started living with his wife-Sunita Bhuyan (P.W.1)-in a separate house adjacent to his original place of abode. Their original house is a two roomed one, where appellant and Bachan Bhuyan lived with their parents. Appellant wanted the entire properties of his father to be transferred in his name whereas other brothers desired to plant tea saplings in that land. Therefore, there was a quarrel amongst the brothers. On 15.08.2013 at about 9 p.m., a quarrel took place between appellant and Bachan Bhuyan. Hearing the quarrel, Durga Bhuyan went to his original house and tried to pacify his brothers. Sunita Bhuyan also accompanied him. But, as Durga Bhuyan was intervening the quarrel, appellant suddenly assaulted him with a lathi. He also gave a blow with his axe on the head of Durga Bhuyan. Durga Bhuyan immediately fell on the ground profusely bleeding and died on the spot. Seeing this, Sunita Bhuyan raised a hue and cry. Appellant chased her also, but she ran away being infuriated. She took shelter in the house of one Santosh for the night. Bachan Bhuyan also saw appellant assaulting Durga Bhuyan with a lathi and axe on his face, leg and cheek. Bichu Uria (P.W.5), Dharmeswar Tanti (P.W.8) and Umesh Uria (P.W.9), who were neighbours of appellant also rushed to the house of the appellant hearing hue and cry. They too found the dead body of Durga Bhuyan lying in the house of the appellant. 3. 1 Darik Karmakar (P.W.2)-President of Diphlu Tea Estate Village Defense Party-got the information about the occurrence over phone from Prakash Uria and he immediately rushed to the house of appellant. He found the dead body of Durga Bhuyan lying there. He also found appellant and his brother in the house. Darik Karmakar then informed the police over phone about the incident and Sub-Inspector Jyotish Phukan (P.W.11) came to the place of occurrence immediately. He then apprehended the appellant and on being asked, appellant produced the lathi and the axe. Jyotis Phukan (P.W.11) then seized the lathi and the axe vide Exhibit-1 seizure list in presence of Bichu Uria (P.W.5), Dharmeswar Tanti (P.W.8) and Umesh Uria (P.W.9), who was present at the place of occurrence. Inquest was done over the dead body of Durga Bhuyan by Ananda Kumar Das, Executive Magistrate, in presence of Ajoy Bhuyan (P.W.3) and Dipen Kurmi/Kanda (P.W.10). The dead body of Durga Bhuyan was sent for post-mortem examination. Jyotish Phukan (P.W.11) also drew exhibit-6 sketch map and arrested the appellant. Sunita Bhuyan (P.W.2) made the First Information Report Exhibit-3 on the next day i.e. 16.08.2013 before the Bokakhat Police Station. Although, Darik Karmakar (P.W.2) informed the police first, but the written information given by Sunita was registered as Bokakhat Police Station Case No. 160/2013 under Section 302 of the Indian Penal Code.