Embed Size (px)
Citation preview
IN THE COURT OF THE SESSIONS JUDGE AT SIVASAGAR
Present :- Sri M. U. Laskar, Sessions Judge,
Sivasagar.
Sessions Case No.141(S-S)2004 U/S.302 of the I.P.C.
State
-Vs-
Cheniram Chutia ---------- Accused.
(Committed by Sri R. Medhi, J.M. 1 st Class, Sivasagar, the G. R. Case No.383/2002, with reference to Amguri P.S Case No.27/2002, U/S. 302 of I.P.C.)
Appearance :
Sri A. K. Borah, Public Prosecutor : For the State.
Sri Mohon Boruah, Advocate : For the Accused.
Argument heard on : 05.08.2011.
Judgment delivered on : 17.08.2011.
J U D G M E N T
1. In this case, accused Cheniram Chutia was charged
U/S.302 of I.P.C. for committing murder by intentionally
causing death of Makhan Neog @ Mridul Neog on
17.04.2002 at about 7 p.m. in gateway of the house of the
accused by inflicting Dao blows.
Contd. in page……………………..2
(2)
2. Prosecution case in brief is that on 17.04.2002 at about
7 p.m., while Makhan Neog @ Mridul Neog was coming by
the road, then accused Cheniram Chutia committed murder of
Makhan Neog in front of the gateway of the house of the
accused by causing Dao blows. Hence, the Ejahar was lodged
before the Officer-in-charge of Amguri Police Station.
3. After commission of murder of Makhan Neog, accused
Cheniram Chutia surrendered before Sivasagar Police Station
on 17.04.2002 at about 8:50 p.m. with weapon of offence,
i.e., Dao with him by stating that he committed murder of
Makhon Neog at about 7:30 p.m. by causing Dao cut injuries
on the neck, face and other parts of the body and the dead
body was lying in his courtyard. Accused was accompanied
by Sri Putul Dutta and Sri Monuranjan Dutta when he
surrendered at Sivasagar Police Station. It was entered in
G.D. No.832, dated 17.04.2002 of Sivasagar Police Station.
Ext.8 is the extract copy of G.D.E. No.832, dated 17.04.2002.
The Additional S.P. (H.Q.), Sivasagar, informed the matter to
the Officer-in-charge of Amguri Police Station and for
investigation of the matter. It was entered in G.D. No.410,
dated 17.04.2002 of Amguri Police Station. Ext.9 is the said
extract copy of G.D.E. Accused Cheniram Chutia was
arrested by police and forwarded to the court. Police started
Contd. in page………..3
(3)
investigation of the case. Police seized the weapon of
offence, i.e., Dao, which was taken by accused with him at
Sivasagar Police Station and also seized the blood stained
long pant of the accused. The seizure was made vide Ext.4
seizure list. Police went to the place of occurrence, i.e., to the
courtyard of accused and found there the dead body of
Makhon Neog. Sketch map of the place of occurrence was
drawn which is Ext.10. Police seized one Motor Cycle from
the place of occurrence vide Ext.3, seizure list. Inquest on the
dead body was done. The dead body was found with cut
injuries on the neck, head and other parts of the body with
profuse bleeding. Ext.2 is the inquest report. The dead body
was sent to Civil Hospital, Sivasagar, vide Ext.11, dead body
challan. Ext.7 is the post-mortem report of deceased Makhon
Neog. Accused Cheniram Chetia confessed his guilt before
Sri G. K. Gogoi, the Judicial Magistrate, 1st Class, Sivasagar.
Ext.5 is the confessional statement. Ext.6 is the order of the
Judicial Magistrate, 1st Class, Sivasagar, dated 20.04.2002 by
which he remanded the accused to the custody after recording
confessional statement of the accused. On 18.04.2002,
written Ejahar was lodged by Sri Pradip Neog, which is
Ext.1. The Investigating Police Officer recorded the statement
Contd. in page………………..4
(4)
of the witnesses and after completion of investigation of the
case, submitted charge-sheet against accused Cheniram
Chutia U/S.302 of I.P.C. Ext.12 is the charge-sheet.
4. The case was committed to the court of Sessions for
trial and after appearance of the accused, hearing was taken
for framing of charge. After hearing learned Public
Prosecutor for the state and learned State Defence Counsel
for the accused and considering the case diary, prima facie
material was found for presuming that accused Cheniram
Chetia had committed offence U/S.302 of I.P.C. Accordingly,
charge U/S.302 of I.P.C. was framed against accused
Cheniram Chetia and read and explained to him to which he
pleaded not guilty and claimed to be tried.
5. POINTS FOR DECISION
1) Whether on 17.04.2002, at about 7 p.m. accused
Chetiram Chutia committed murder by intentionally causing
death of Makhon Neog @ Mridul Neog in the gateway of the
house of the accused by inflicting dao blows ?
6. To prove this, prosecution examined 20 numbers of
witnesses including I.O. and M.O. After closing the evidence
for prosecution, recorded statement of accused U/S.313 of
Cr.P.C. with reference to the evidence brought on record
Contd. in page………..5
(5)
against him. Accused denied his involvement of commission
of any offence. Hearing was taken with reference to Sec.232
of Cr.P.C. I have heard learned Public Prosecutor and learned
defence counsel on section 232 of Cr.P.C. I have perused the
evidence on record. As the accused was not acquitted
U/S.232 of Cr.P.C. and as such, accused was asked to enter
on his defence U/S.233 of Cr.P.C. Date was fixed for D.W.
but the accused declined to give D.W. and as such I have
heard argument advanced by learned counsels of both sides. I
have gone through the evidence on record, the exhibited
documents and considered the submission of learned
counsels of both sides to decide the case.
7. DISCUSSION, DECISION AND REASONS
THEREOF
In this case, prosecution examined 20(twenty) numbers
of witnesses. On going through the deposition of the
witnesses it is found that they are not the direct eye witness
to the occurrence. Prosecution case is mainly based on
confessional statement of accused Cheniram Chutia recorded
by P.W.12 Sri Ghana Kanta Gogoi, the then Judicial
Magistrate, 1st Class, Sivasagar, U/S.164 of Cr.P.C.
Prosecution case is also based on circumstantial evidence and
the Extra-Judicial confession of the accused who after the
Contd. in page…………..6
(6)
occurrence came to Sivasagar Police Station on the night of
17.04.2002 at about 8:50 p.m. with weapon of offence, i.e.,
Dao, and handed over the Dao to P.W.18 Sri Pradip Kumar
Borgohain, the then Officer-in-charge of Sivasagar Police
Station by stating that on that day at about 7:30/8 p.m. he
committed murder of Makhon Neog by inflicting Dao blows
on the neck, face and other parts of the body.
8. As per the evidence of P.W.18 Sri Pradip Kumar
Borgohain, the then Officer-in-charge of Sivasagar Police
Station that on 17.04.2002 at about 8:50 p.m. accused
Cheniram Chutia came to Sivasagar Police Station with
weapon of offence, i.e., Dao with him. Accused was
accompanied by Sri Putul Dutta and Sri Monuranjan Dutta.
Accused stated that on that day at about 7:30/8 p.m.,
deceased Makhon Neog came to his house and tried to take
him forcibly from his Veranda . Then he inflicted Dao blows
on the neck, face etc. of Makhon Neog and committed him
murder. It was entered in G.D. No.832 dated 17.04.2002.
Ext.8 is the original G.D.E. and Ext.8(3) the extract copy of
G.D. E. No.832 dated 17.04.2002. I have gone through the
G.D. Entry.
9. P.W.16 Sri Monuranjan Dutta, the brother-on-law of
accused Cheniram Chutia in his evidence admitted about the
Contd. in page…………..7
(7)
fact of handing over of Dao to Sivasagar Police Station by
accused Cheniram Chutia on the night of occurrence. It is
found from his evidence that dead body of a person was lying
in the courtyard of accused Cheniram Chutia and police
seized the Dao and wearing cloths of accused Cheniram in
his presence vide Ext.4 seizure list. Ext.4(1) is his signature.
Mat. Ext.1 is the Dao and Mat. Ext.2 is the seized pant. They
came back after keeping the accused in the police station.
10. It is found from the evidence of P.W.8 Sri Babu Bora
that on 17.04.2002 at 9:30 p.m., he was at Sivasagar Police
Station as Private Driver of Police. At that time, accused
appeared before the police station with a Dao with him in
connection with a murder case. Accused stated that he
committed murder of a person. Police seized the Dao and
bloodstained cloth of the accused vide Ext.4 seizure list and
Ext.4(2) is his signature. Mat. Ext.1 is the said seized Dao
and Mat. Ext.2 is the bloodstained long pant of the accused
which were seized by police.
11. It is found from the evidence of P.W.11 Sri Robin Dutta,
the Police Constable that on 17.04.2002, while he was on
duty at Sivasagar Police Station, then accused came there in
the police station with a Dao in his hand and handed over it
by Stating that he committed murder of a person. The Dao
Contd. in page…………..8
(8)
and the wearing pant of the accused were seized vide Ext.4,
seizure list. Mat. Ext. is the Dao and Mat. Ext.2 is the long
pant of the accused.
12. The evidence of P.Ws.8, 11, 16 and 18 are clear on the
point that on the night of occurrence, accused Cheniram
Chutia voluntarily surrendered before Sivasagar Police
Station with weapon of offence, i.e., Dao with him by
confessing his guilt that he committed murder of a person.
Police seized the Dao and blood stained wearing pant of the
accused vide Ext.4 seizure list in presence of the witnesses.
13. P.W.4 Sri Lalit Dutta, the father-in-law of accused
Cheniram Chutia, P.W.6 Sri Putul Dutta, the brother-in-law of
accused Cheniram Chutia, P.W.9 Sri Channky Chutia @
Barua and P.W.13 Sri Debojit Chutia, the cousins of accused
Cheniram Chutia and P.W.15 Smti. Kon Bhoni Chutia, the
wife of accused Cheniram Chutia were declared hostile by
prosecution. Though P.W.6 was declared hostile by
prosecution, but P.W.6 in his evidence stated that on the night
of occurrence at about 8:30 p.m., accused Cheniram went to
his house and informed him that a man was cut and was kept
by the side of the road near to his courtyard. P.W.4 Lalit
Dutta also in his evidence stated that on the night of
occurrence, at about 8 p.m., his son-in-law accused Cheniram
Contd. in page…………..9
(9)
came to his house and informed that the dead body of
Makhon Neog was lying in his courtyard. He directed him to
appear before the police station. He admitted that he gave
information to V.D.P. Secretary and Gaonburah and
thereafter, all of them went to the house of Cheniram and
found dead body of Makhon Neog was lying in the courtyard
of Cheniram
14. Coming to the evidence of P.W.1 Sri Pradip Neog, it is
found that he is the nephew of deceased Cheniram Chutia. He
lodged the Ejahar which is Ext.1. As per his evidence,
occurrence took place in the year 2002 in the month of
Bohag. He was informed by V.D.P. Secretary Sri Probin
Bordoloi and Gaonburag Sri Akon Bordoloi that Makhon
Neog was cut by Cheniram. Getting the information, he went
to the place of occurrence at village Bor Borua Tekela Gaon
and saw the dead body of Makhon Neog was lying in the
courtyard of accused and the motorcycle of the deceased was
in the courtyard in the side of the fencing. He stated that after
the occurrence accused along with Dao surrendered. He is a
witness to the inquest on the dead body of the deceased.
15. It is found from the evidence of P.W.2 Sri Probin Boro,
the V.D.P. Secretary that he heard that accused Cheniram
committed murder of Makhon Neog. Occurrence took place
Contd. in page…………..10
(10)
in the year 2002 at the time of Bohag Bihu. On the date of
occurrence at about 5 p.m., the father in law of accused
Cheniram came to him (P.W.2) and informed him that
Makhon Neog assaulted Cheniram on the road and on that
Cheniram was threatening to kill Makhon. He stated that the
father-in-law of Cheniram told him to go there to make the
situation normal. In the meantime, the wife of Cheniram
came to his house and requested him to convince Cheniram.
At about 8 p.m. Gaonburah came to his house and informed
him that Makhon Neog was cut by accused Cheniram and
took shelter in the house of Gaonburah. Gaonburah requested
him to go to his house. In the meantime, accused Cheniram
surrendered in the police station. He stated that he along with
Gaonburah, Lolit Dutta and others went to the place of
occurrence, i.e., the courtyard of accused Cheniram and saw
the dead body of Makhon was lying there with pool of blood.
The motorcycle of Makhon was kept there by the side of the
fencing. On that night, police came to the place of occurrence
at about 11 p.m. Inquest on the dead body was done in the
next day morning. He is the witness to the inquest. Police
seized the Motorcycle vide Ext.3 seizure list.
16. Though P.W.2 Sri Probin Boro, the V.D.P. Sectretary,
was not a direct eye witness to the occurrence but from his
Contd. in page…………..11
(11)
evidence it is found that he was reported by the father-in-law
of Cheniram and thereafter, by the wife of Cheniram to go to
their house to convince Cheniram and to bring the situation
under control as Cheniram was threatening to kill Makhon
Neog on the road. P.W.2 did not go there to the house of
Cheniram at that time. It was raining and storm at that time.
At about 8 p.m. Gaonburah, i.e., P.W.3 came to the house of
P.W.2 and informed that Makhon Neog was cut by accused
Cheniram and took shelter in the house of P.W.3 and in the
meantime, Cheniram surrendered before the Police Station.
17. It is found from the evidence of P.W.3 Sri Arun
Bordoloi, the Village Gaonbura that in 17.04.2002 at about
8/8:30 p.m., Lalit Dutta, the father-in-law of accused and
Jadu Dutta informed him that Makhon Neog was cut by
Cheniram and the dead body of Makhon was lying on the
courtyard of Cheniram and the accused surrendered in the
police station. Getting the information, he went to the place
of occurrence along with V.D.P. Secretary (P.W.2) and Dibya
Kanta Bora and found the dead body of Makhon Neog was
lying in the courtyard of Cheniram with injuries. Lalit Dutta,
the father-in-law of accused Cheniram also accompanied
them.
18. The evidence of P.W.5 Sri Ajit Dutta, P.W.7 Sri Jagan
Nath Bora, P.W.10 Sri Tapan Dutta and P.W.17 are not
Contd. in page……..12
(12)
material. They only heard about the occurrence. P.W.5 is the
seizure witness of Motor Cycle from the courtyard of accused
Cheniram. He saw the dead body of Makhon Neog was lying
in the courtyard of Cheniram.
19. P.W.12 Sri Ghana Kanta Gogoi, the then Judicial
Magistrate, 1st Class, Sivasagar, in his evidence stated that on
20.04.2002, he recorded confessional statement of accused
Cheniram Chutia as per order dated 19.04.2002, passed in
G.R. Case No.383/2002 by learned Chief Judicial Magistrate,
Sivasagar. The accused was produced before him on
19.04.2002 and after giving caution and explaining the matter
relating to confession, he gave the accused time for reflection
till 20.04.2002 and sent him to the Judicial Custody. On
20.04.2002, accused Cheniram Chutia was produced before
him at 11 a.m. and given him time for refection upto 2:30
p.m. on that day. The accused was kept in the Court Chamber
of P.W.12 under the care of Bench Assistant. At 2:30 p.m.,
the accused was brought before him and on asking the
accused about the confession, he expressed his desire to
confess his guilt. P.W.12 stated that he put some questions to
the accused to test his voluntariness of his giving
confessional statement. The questions and answers of the
accused were recorded in column No.6 of the Confessional
Contd. in page………..13
(13)
Statement Form. P.W. 12 stated that from the answers given
by the accused to the questions, he was satisfied that the
accused was going to make the confessional statement
voluntarily and thereafter, he recorded the confessional
statement of the accused. Ext.5 is the Prescribed Form for
recording confessional statement of the accused. Ext.5(1) are
the questions and answers and Ext.5(2) is the confessional
statement of the accused Cheniram Chutia recorded in Ext.5.
Ext.5(3) is the signature of the accused and Ext.5(4) 5(5) and
5(6) are the signatures of P.W.12. Ext.5(7) is the certificate of
satisfaction that the accused made the confessional statement
voluntarily.
20. Going through the evidence of P.W.12 Sri Ghana Kanta
Gogoi, the then Judicial Magistrate, 1st Class, Sivasagar and
going through Ext.5, Confessional Statement of accused
Cheniram Chutia, it is found that there is no illegalities in
recording the confessional statement of accused by P.W.12. It
is found that the learned Judicial Magistrate, 1st Class, was
satisfied before recording of confessional statement of the
accused that the accused was giving his confessional
statement voluntarily. Sufficient time was given to the
accused for reflection as found from the evidence of P.W.12.
21. I have carefully gone thorough Ext.5, Confessional
Statement of accused Cheniram Chutia. As per Ext.5(2)
Contd. in page………..14
(14)
Confessional Statement of the accused, on 17.04.2002 at
about 7 p.m. Makhon Neog entered into the house of the
accused and dragged him to the courtyard with a view to
assault him. Then he (accused) dealt Dao blows on the
person of Makhon. Makhon tried to run and again he dealt
4/5 Dao blows and as a result of which Makhon died there on
the spot. After the occurrence, he(accused) appeared to the
Sivasagar Police Station at 9 p.m. with Dao with him.
22. The confessional statement of accused Cheniram
Chutia, recorded by P.W.12 was not retracted in the cross-
examination of P.W.12.
23. It is found from the evidence of P.W.14 Dr. Dilip
Kumar Borua that on 18.04.2002, he was at Sivasagar Civil
Hospital as Sr. Medical and Health Officer. On that day, he
performed post-mortem examination on the dead body of
Makhon Neog, age 35 years in connection with Amguri P.S.
Case No.27/2002 and found as follows :-
External Appearance :
Dead body of an adult male in fresh condition. Rigor
mortis present. Dead Body was stained with clotted blood.
Contd. in page………..15
(15)
Wounds :
1. Incised wound on face over the nose extending
transversely from right molar region to left molar region
with size 3 inch X ½ inch X ½ inch.
2. Incised wound on the right side of the neck transversely
placed. Size 4 inch X ½ inch X 2 inch.
3. Incised wound on right arm. Size 3 inch X ½ inch X ½
inch. hand is of the same dead body.
All the above wounds are ante-mortem in nature.
Opinion :
The cause of death as per the opinion of the Doctor was
due to shock and haemorrhage from the wounds described
above, sustained by the deceased. Ext.7 is the post-mortem
report and Ext.7(1) is the signature of Dr. Dilip Kumar
Borua and Ext.7(2) is the signature of Dr. Anil Sarma, the
then Joint Director of Health Service, Sivasagar.
The doctor in his evidence stated that the injury on the
Contd. in page………………..16
(16)
right side of the neck of the deceased, described in Sl. No.2
was sufficient to cause death of the deceased. He stated that
injuries can be caused by Mat. Ext.1, Dao.
24. The injuries described by P.W.14 Dr. Dilip Kumar
Borua was caused by sharp cutting weapon like Mat. Ext. 1,
Dao. It is found from the evidence of P.W. 18 that after
commission of murder of Makhon Neog, accused Cheniram
Chutia, appeared before Sivasagar Police Station on
17.04.2002 at about 8:50 p.m with weapon offence i.e. Mat.
Ext.1, Dao and confessed his guilt by stating that he
committed murder of Makhon Neog, on that night at about
7:30/8 p.m. by inflicting Dao blows by Mat. Ext.1, Dao on
the neck and face of Makhon Neog. The doctor also in the
postmortem examination of Makhon Neog found neck cut
injuries and cut injuries on the face. In the confessional
statement (Ext.5)also accused Cheniram Chutia, stated that
he dealt Dao blows on the person of Makhon Neog and
committed him murder.
25. P.W.19 Sri Simanta Boruah, the Officer-in-charge of
Amguri Police Station exhibited Ext.9, the original G.D.
Entry No.410 dated 17.04.2002 of Amguri Police Station in
respect of Amguri P.S. Case No.27/2002.
26. It is found from the evidence of P.W.20 Sri Nanda
Borah that on 17.04.2002, he was the S.I. of Amguri Police
Contd. in page……….17
(17)
Station. On that night at about 9:30 p.m., Addl. S.P.,
Sivasagar, informed him over telephone that one person
named Cheniram of Village Bor Borua Tekela Gaon
surrendered at Sivasagar Police Station after cutting a person
in his courtyard. The said village falls within Amguri Police
Station. The information was entered in G.D. No.410 dated
17.04.2002. Ext.9 is the said G.D. Entry. As per the direction
of the Officer-in-charge of the Police Station, he went to
Village Bor Borua Tekela Gaon in the house of accused
Cheniram Chutia and found one dead body in the courtyard
of Cheniram with blood stained injuries. As there was no
facilities of light and it was raining at that time and as such,
he returned to the police station after arranging proper guard
of the dead body by V.D.P. He stated that on 18.04.2002 at
about 8:30 a.m. written Ejahar was lodged by Sri Pradip
Neog and it was registered as Amguri P.S. Case No.27/2002.
It is found from the evidence of P.W.20 that during
investigation of the case, he drew sketch map of the place of
occurrence which is Ext.10. Inquest on the dead body was
done by him in presence of the witnesses. Ext.2 is the Inquest
Report and Ext.2(4) is his signature. He stated that he saw the
face of the deceased was with pool of blood and there was
cut injuries on the right side of the neck and right hands. The
Contd. in page…………..18
(18)
dead body was sent to Sivasagar Civil Hospital for
conducting post-mortem and it was done. Ext.11 is the post-
mortem report. The name of the deceased was Makhon Neog.
At the time of the investigation of the case, he seized one
motorcycle of the deceased vide Ext.3, seizure list which was
found near to the dead body. Accused Cheniram Chutia
surrendered at Sivasagar Police Station with weapon of
offence, i.e., Dao and it was seized. He arrested accused
Cheniram Chutia and brought him to Amguri P.S. Accused
confessed his guilt in the Court of commission of murder by
him. After completion of investigation, he submitted charge-
sheet against accused Cheniram Chutia U/S.302 of I.P.C.
Ext.12 is the charge-sheet.
27. It has already been discussed above that there is no
direct evidence in this case but the prosecution case is mainly
based on Extra-Judicial Confession of accused Cheniram
Chutia made before P.Ws.8, 11, 16 and 18, the confessional
statement of the accused recorded by P.W.12, the then
Judicial Magistrate, 1st Class, Sivasagar and the
circumstantial evidence, as found from the deposition of the
witnesses. It is found that after commission of murder of
Makhon Neog, accused Cheniram Chutia went to Sivasagar
Police Station on 17.04.2002 at about 8:30/9 p.m. with
Contd. in page………………….19
(19)
weapon of offence, i.e., Dao with him and handed over the
Dao to P.W.18 by confessing his guilt. The Dao and blood
stained wearing pant of the accused were seized by police
vide Ext.4 seizure list. There is nothing to disbelieve the
deposition of the P.Ws.8, 11, 16 and 18 in this regard. It is
also found from the evidence of P.W.12 Sri Ghana Kanta
Gogoi, the then Judicial Magistrate, 1st Class, Sivasagar, that
he duly recorded the confessional statement of accused
Cheniram Chutia on 20.04.2002. As per Ext.5, Confessional
Statement, accused voluntarily confessed his guilt before
P.W.12 that he committed murder of Makhon Neog on
17.04.2002 at about 7 p.m. in the courtyard of the accused by
inflicting Dao blows and on that night at about 9 p.m., he
surrendered at Sivasagar Police Station.
28. In respect of circumstantial evidence, I refer below the
Golden Principle, i.e., the “Panchsil” to prove a case based
on circumstantial evidence as laid down by Hon’ble Supreme
Court in the case of Sharad Birdhichand Vs. State of
Maharashtra, AIR 1984 SC 1622 :-
i) “The Circumstances from which the conclusion of
guilt is to be drawn should be fully established;
ii) The facts so established should be consistent only
Contd. in page………….20
(20)
with the hypothesis of the guilt of the accused, that
is to say they should not be explainable on any
other hypothesis except that the accused is guilty;
iii) The Circumstances should be of a conclusive
nature and tendency;
iv) They should exclude every possible hypothesis
except the one to be proved; and
v) There must be a chain of evidence so complete as
not to leave any reasonable ground for the
conclusion consistent with the innocence of the
accused and must show that in all human
probability the act must have been done by the
accused.”
29. Keeping in mind the above golden principle and the
ratio of decision as laid down by Hon’ble Apex Court in the
case of Dhananjoy Chatterjee @ Dhana Vs. State of West
Bengal, reported in (1994) 2 SCC 220 and other cases on
circumstantial evidence and considering the evidence on
record and discussions made above, it is found that
prosecution has been able to prove the circumstantial
evidence from which an inference can be drawn conclusively
and unerringly pointing only to the guilt of the accused
Contd. in page……..21
(21)
Cheniram Chutia for committing murder of Makhon Neog on
the night of occurrence on 17.04.2002 at about 7 p.m. by
causing Dao blows in the gateway of the house of accused.
The circumstantial evidence as found from the evidence on
record and discussed above, have cumulatively formed a
chain so complete that within all human probability, the
commission of murder of Makhon Neog was done by
accused Cheniram Chutia and none else.
30. Apart from circumstantial evidence, it is also found that
the Confessional Statement of the accused recorded by P.W.
12, the Judicial Magistrate 1st Class, Sivasagar, is voluntary
in nature and as such it can be acted upon for basing
conviction of the accused, considering the entire evidence on
record.
31. In view of the discussions made above, it is found that
prosecution has been able to prove the charge U/S.302 of
I.P.C. against accused Cheniram Chutia beyond all
reasonable doubt and as such, he is convicted U/S.302 of
I.P.C.
32. Considering the nature and gravity of the offence
committed by Cheniram Chutia, I am not inclined to invoke
the provision of Section 360 of Cr.P.C. or the Probation of
Contd. in page……………..22
(22)
Offenders Act, 1958, and as such, I have heard him on the
question of sentence U/S.302 of I,.P.C. and recorded his
statement. I have also heard learned Public Prosecutor and
learned defence counsel on the question of sentence.
JUDGMENT ON THE QUESTION OF SENTENCE
33. I have heard Cheniram Chutia on the question of
sentence U/S.302 of I.P.C. and recorded his statement. He has
stated that he is the only earning member of the family and as
such, he may be leniently dealt with in passing sentence
against him.
34. Having thoughtful consideration of the entire matter
and the facts and circumstances of the case and the manner in
which accused committed murder of Makhon Neog and as
such accused Cheniram Chutia is sentenced U/S. 302 of
I.P.C. with Imprisonment for Life and to pay fine of
Rs.5,000/- and in default of paying fine, he shall suffer
rigorous imprisonment for 6(six) months more.
Contd. in page……… 23
(23)
35. The seized materials are to be destroyed in due course
of time. Furnish free copy of Judgment to convict Cheniram
Chutia immediately and another copy to be sent to the
District Magistrate, Sivasagar, as per the provision of Section
365 of the Cr.P.C.
Given under my hand and seal of this court on this the
17th day of August, 2011.
Dictated and corrected by me (M. U. LASKAR) Sessions Judge, Sivasagar.
Sessions Judge, Sivasagar.
