GAUHATI HIGH COURT
Date of Judgement: 14th March 2007
Bench: Hon’ble R Gogoi J., Hon’ble Hrishikesh Roy J.
Relevant Acts/Sections:
- Section 302 IPC (Punishment for Murder)
- Section 120B IPC (Punishment of Criminal Conspiracy)
- Section 27 IEA (How much of information received from accused may be proved)
Branch: Forensic Physics
Backstory
Chinu Debnath (deceased) married Brajendra, because of her husband’s torture she left Brajendra’s home and started living with her father Nityananda Debnath while residing with Nityananda Debnath she was in a relationship with Narendra (accused). After taking Rs. 800/- from her father’s tea stall, she runs away secretly with Narendra along with her 3 years old child Balaram. Chinu Debnath, Balaram (3 years old child of Chinu Debnath), and Narendra started living as a family at R.K. Nagar.
Narendra started torturing Chinu Debnath and married Dhali Nama Das (Doli–appellant no. 2). On 12th February 1995, a village panchayat meeting was held after Chinu Debnath complained, the settlement in the meeting was Narendra have to pay Rs. 1000/- to Chinu Debnath for hut construction and will also pay Rs. 200/- monthly.
On 13th February 1995 night, accused Narendra visited Chinu Debnath house and asked her to meet at Khayerpur Bus Stop, Next day morning on 14th February 1995, Chinu Debnath nicely dressed wearing a blue color saree, met Narendra at the above-mentioned place. On 15th February 1995, at about 5’O’clock, the dead body of Chinu Debnath was found and recovered from the jungles of Baramura as an unidentified dead body on 16th February 1995.
On 08th March 1995, by the statement of witness Narendra and Dhali Nama Das (Doli) were arrested along with the 3rd accused Sati Nam Das. Narendra and Dhali Nama Das accepted their guilt before the police. The red white and black muffler used for killing Chinu Debnath was recovered from Narendra, torn cloth piece was recovered from the crime scene, and torn they recovered petticoat from the house of Narendra as per the Forensic evidence.
Forensic Report
On 16th June 1995, Junior Scientific Officer, Central Forensic Science Laboratory, Kolkata examined seized clothing apparel and torn piece. The torn piece of cloth measuring 22 cm. X 10 cm. Recovered from a crime scene marked as (Exbt. A) and maroon colored petty coat marked as (Exbt. B). By the Forensic report concluded that Exbt. A is a part of Exbt. B, based on physical fit, thread count, signs of twist, stitching pattern of the border.
Judgement
Narendra and Dhali Nama Das (Doli) two accused-appellants convicted under Sections 120B and Section 302 IPC. They have sentenced two appellants to suffer rigorous imprisonment (RI) for life with fine Rs. 5,000/-.