JAHAN SANGHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The first principle of the criminal justice system is to secure justice by seeking a substantive true proof. Of course there must be an end and the dignity of the individual and the freedom of a person cannot be sacrificed by any evil action. One of the heinous crime in the society is murder. If the accused is found guilty he must be subject to punishment. Here is the case where a gruesome murder was committed to a child of 11/2 years old and was done to death by a single blow of a dao severing the head from the trunk of the body.

(2.) We have heard Mr. P. Khataniar, the learned counsel who has appeared on behalf of the appellant as appointed by this court as Amicus Curiae to defend the accused in this Court. The appeal is presented from jail and the appellant. a lifer, is convicted under section 302 I.P.C. We have also heard Mr. D. Goswami, the learned Public Prosecutor for the State. Before we proceed to deal with the respective contentions of the learned Counsel of the parties we require to discuss the facts and the evidence of the case. The prosecution case may be narrated briefly as under.

(3.) That on 26.2.84 at about 12 noon the appellant Jahan Sangha killed Nathaniel Sangha 11/2 years old son of Simon Sangha of village Sanapur by giving a dao blow. It is revealed from the evidence of prosecution witnesses that the appellant (accused) severed the head from the neck of the boy by a dao blow and fled away by leaving the dao somewhere near the place of occurrence. An ejhar was lodged to the Officer-in Charge of the Laluk Out Post by P.W. 4 Machi informing about the occurrence. The accused though made an attempt to flee away, he was caught by the people-and tied up with a bamboo post. On receipt of the Ejahar, the Officer-in. Charge took up the investigation, arrested the accused and seized the dao which was used by the accused at the time of commission of the offence. After investigation, the accused was charge-sheeted under sec. 302 I.P.C. and sent him for trial before the learned Sessions Judge, North Lakhimpur. The accused was charged under section 302 I.P.C. and while it was explained to the accused, be denied the charge and pleaded not guilty. The prosecution examined as many as seven witnesses including the investigating officer. The body of the victim was sent for post mortem examination. P.W. 1 Dr. Brajen Bhattacharjya held the autopsy on the body of the victim. The death of the child has not been denied by the defence; but the accused pleaded not guilty while charge was explained to him. Admittedly, P.W. 2 Pitur Dhela was the eye-witness to the occurrence whose evidence has been relied upon by the prosecution. The learned trial Court after examining the totality of the evidence on record found the accused guilty under section 302 I.P.C. and convicted him as such by inflicting a sentence of life imprisonment. Hence this appeal.