STATE Vs. KARTIK CHANDRA

JUDGEMENT

(1.) Kartik Chandra Dey, applt, aged 24, of mouza Pitnipara, Police Station, Nalbari, has been convicted by the learned Ses, J., Lower Assam Districts under Section 302, I.P.C., for having murdered his maternal aunt on 9-6-1948 and sentenced to death. The proceedings have been submitted to this Ct, for confirmation of the death sentence. The accused has appealed from his conviction sentence. This order will dispose of the reference the appeal.

(2.) There can be no manner of doubt that the accused killed Mt. Parulbala, his maternal aunt, near the tank of the village at about 9 a.m. Mt. Sarubala, P.W. 9, mother of the accused, deposed that the accused refused to take tea on the morning of the occurrence asked her to cook meal for him. He went out saying that he would return a little later. He did return shortly after. She asked Mt. Parulbala to call Kartik for his meal but both did not turn up. A short while later, she heard shouts of 'Horibol, Joykali' from the side of the tank, which would be about 10 cubits off, from her kitchen. She peeped through the walls of her kitchen saw the accused brandishing his sword, Ex. 1, also described as dao, also noticed a person lying on the bank of the tank. She also heard people shouting that Kartik has committed murder. He was shouting 'Jai Hind, Jai Kali'. She went to the tank saw the dead body of Mt. Parulbala. Her abdomen had been ripped open. She had other injuries also.

(3.) P.W. 2, Hazarika, who also lived in the compound of Kabi Barua where the house of the accused was situate, was returning from his field. He saw the accused dragging Mt. Parulbala from the house towards the tank. On arriving near the tank, the accused shouted 'Joy Kali' struck her with the dao that he had. She fell down was hit again. She then rolled down into the water of the tank. The accused went on striking her with the dao, dragged her out of the water after splitting open to the abdomen took out entrails wrapped them round his left hand. He then left the place brandishing his dao. At that time P.Ws. 7 8, Uttam Mani were coming from the southern direction. They were asked not to approach the accused, as he had just murdered his maternal aunt. They both saw the accused going from Kabi Barua's 'chotal' getting on the road. He had even been the dao, Ex. 1, in his hand had entrails wrapped round his left hand. He was still shouting 'Joy Hind' brandishing the dao. Nagaru Sheikh, P.W. 4, was ploughing in his field towards the nortn of the Kabi Barua's compound. He heard someone shouting 'Maha Kali, Maha Kali' looking back witnessed the accused striking a woman with something like a lathi or a dao. P.W. 5, Mohan Rajbanshi, was also in his field. He also saw the accused striking the deceased with a dao. P.W. 3, Kabi Chandra Barua, was going towards his house. He saw the accused coming to the road from his 'chotal'. He had his dao in his hand entrails wrapped round the other hand. Devendra Chandra Dey, P.W. 1, was going to Nalbari Bazar. He heard some noise from the direction of his house. He also saw people running in that direction. He returned to his house when he saw the accused going towards the south with a sword in his right hand entrails covering his left hand. He then saw Uttam Mani & Ors. was informed that the accused had murdered his maternal aunt, Parulbala. He accompanied by Hazarika, P.W. 2, took a short cut to the thana at Nalbari made the F.I.R. When his report was being recorded, the accused also arrived. He still had his dao in one hand entrails on the other hand. He was taken into custody.