HEM CHANDRA NAYAK Vs. STATE OF ASSAM

JUDGEMENT

(1.) A man starts to seek his origin when he cannot control his carnal desire. Therefore, a person, who cannot control his such sexual desire, has become a menace to society. This case illustrates the brutal or ferocious acts of a person who could not control his carnal desire.

(2.) Shri Taranath Tamuli lodged the First Information Report (Exhibit-1) on 5-10-1984 at 4.30 p.m. on the basis of report from Madan Nayak, Chowkidar. It was stated that accused Hem Chandra reported the Chowkidar in the morning that he had killed a woman of the tea garden in the night and concealed the dead body inside the nulla of S.14 of the garden. Case was registered at Chabua Police Station and investigated into. The accused also surrendered before the Officer of Chabua Police Station that day. The case being committed to the Court of Session, the accused Hem Chandra Nayak faced trial for the charges under Ss.376/302/201 of the I.P.C. by pleading not guilty. The Sessions Judge found the accused guilty of all the three charges and sentenced him to suffer imprisonment for 7 years with fine of Rs. 1,000/-, imprisonment for life and imprisonment for 2 years with fine of Rs. 200/- for the offences under Ss.376/302/201, I.P.C. respectively. Hence, this appeal by the accused-convict.

(3.) The prosecution case was that deceased Assambati Bhumiz was returning home alone after enjoying 'Puja Ceremony' in the night of 4-10-1984. On her way, she met the accused and requested him to escort her. Taking advantage of her helpless state, the accused dragged her inside the tea garden and forcibly raped her; and then pressed her neck on the ground and cut her throat with a knife causing death. The accused concealed the dead body inside a nulla to destroy evidence of the crime. On the following morning, the accused, in order to give relief to his tormented mind, came to the house of Madan Chowkidar (P.W. 2) and informed him that he had killed a woman and asked him to report the matter to the Manager. Thereafter, the accused went to Chabua Police Station and surrendered before the officer. His confessional statement was recorded by the Judicial Magistrate (P.W. 8) on 11-10-1984 in accordance with the provision of S.164, Cr. P.C.