Aftab H. Saikia, J.
Heard Mr. JM Choudhury, learned Senior Counsel assisted by Mr. BM Choudhury, Mrs. N. Baruah and Mr. U. S. Borgohain, the learned counsel for the appellant as well as Mr. KC Mahanta, learned Public Prosecutor, Assam for the State.
2.This criminal appeal has been directed against the judgment and order dated 14/6/02 passed by the learned Fast Additional Sessions Judge, Sibasagar in Sessions case No.165(S-S)/01 whereby the appellant herein was found guilty for an offence under Section 302 IPC in killing one Ms. Priti Agarwalla and accordingly convicted the appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment (for short, 'RI') for life and to pay fine of Rs.1,000/- in default of payment of fine to undergo RI for another six months.
3.One Ms. Priti Agarwalla (hereinafter to as the deceased), the daughter of the complainant, Subhash Agarwalla (PW.1) while going to college to attend her B.Com. 1st year class in the morning at about 8:00 AM on 27/12/01 by boarding in a bus "Maa Lakshmi", the appellant forcefully get her down from the bus and assaulted her with dao on both sides of head. The deceased on way to Assam Medical College Hospital, Dibrugarh, succumbed to her injuries.
4.Alleging the above mentioned facts PW.1 lodged an ejahar on the same day at about 12:00 AM with the Demow Police Station and on the basis of the FIR the investigation ensued.
5.The prosecution examined as many as 14 witnesses to prove its case including two eye witnesses namely PW.3, Puja Agarwalla and PW.4 Monmi Sarma along with the Doctor PW.2, Tapan Borbarua who hold the autopsy on the dead body of the deceased.
6.PW.2, the Doctor found the following injuries on examination over the dead body of the deceased as under: "Four numbers of incised wound at the back of the neck measuring (a) 2 inch x 1 inch x 2 inches. (b) 2 + inches x 1 inch x 2 inches. (c) 2 + inches x 1 inch x 2 inches (d) 2 inches x 1 inch x 2 inches. All represents length, breadth and depth of the wounds.
2. Incised wound middle of right arms measuring 2 + inches x 2 inches x 1 inch.
3. Incised wound of left writ anteriorly measuring 2 inches x 2 inch x 1 inch. In this wound tendons are cut of."
7.According to Doctor, all those injuries were ante mortem in nature and homicidal in nature and any of the injuries mentioned under No.1 under the head wounds was sufficient to cause of death of a person in an ordinary course of nature.
8.Corroborating this medical evidence as regards multiple injuries inflicted on the dead body of the deceased PW.3 and PW.4 being the eye witnesses stated in unison that they were in the same bus on the relevant day to attend their classes in the college, the deceased was sitting alone behind the seat of the driver. When the bus stopped the appellant boarded at the bus and enlighten the deceased by dragging her and thereafter he took his dao and started inflicting multiple dao blows on the deceased. Evidence of both the eye witnesses, itself medical examination , according to us, are found to be cogent , plausible and trustworthy and truthful and we do not find any inconsistencies and infirmities in the evidence of those eye witnesses and according to us, the conviction solely based on those eye witnesses, the appellant was rightly convicted by the trial court. The motive also been very much clear and the same is evidence from the examination of the appellant under Section 313 Cr.P.C.
9.Against the question No.13 "Do your have anything to say regarding the chares of murder and the evidence? The appellant answered as follows:
"I do not concede the charge of murder. I had known Priti Agarwalla. She, too, loved me. We exchanged letters, gifts, photos etc. Priti had told me that she would run away with me. When her family had learnt about that, she came to me and asked me to elope with her. However, I denied to do so. Priti rebuked me and gave me two slaps in front of other students of the commerce College. Out of shame I left the place. Thereafter I had not seen Priti. Now, I am feeling bad."
10.Taking into account the commission of offence in diabolic gruesome manner of a young girl that too out of love affairs by the appellant, we are unhesitatingly inclined not to dislodge the impugned finding of conviction and sentence and accordingly we are in full agreement with the view expresses and finding recorded by the trial court in passing the impugned judgment and the same stands confirmed.
11.In the result, the appeal stands dismissed
