Regarding the incident, he narrated that the incident took place about 4 years ago.
1 of 2006 before the High Court.
10,000/ , in default, to further undergo RI for a period of 1 one year.
When she did number return home, Ganesh Dutta PW 2 , father of the deceased, went in search for her.
1 of 2006 along with Criminal Appeal No.
Lower part of the mandibular bone was cut at the side of injury size 2x1/4x1/4.
They also seized one bed sheet, a sporting and a dao from the farm house of the appellant accused and prepared a seizure list.
Multiple bruises on left side of the neck overlying each other.
Bruise mark in the middle of the front of the left side of the neck size 21/2x11/2.
The case was companymitted to the Court of Ad hoc Additional Session Judge, Lakhimpur and numbered as Sessions Case No.
A case was registered vide G.D. Entry No.
3, 4, 5 and 6 caused by blunt weapon.
After holding inquest over the dead body, the same was sent for post mortem examination.
The post mortem was companyducted on the dead body by Dr. Tulen Pagu PW 9 , who submitted a report stating that the victim died of asphyxia as a result of throttling.
After companyclusion of the investigation, the police submitted charge sheet against the appellant accused under Sections 376 and 302 of the IPC.
On seeing this, he raised alarm and his son Bhaba Kanta PW 3 came there and they tried to lift her.
Injury Nos.
Injury Nos.
He further deposed that on the date of occurrence, he saw the appellant accused and his friend following the deceased and on seeing the same, he also followed them and saw that the appellant accused and his companypanion behaving indecently with the girl, companymitted rape on her and, thereafter, the appellant accused assaulted the girl by throttling her neck.
There was cut injury on her chin and blood was also oozing from her body.
While returning, he heard a loud laughter at the farm house of the appellant accused.
On hearing this, the appellant came out of the farm house and looked at him.
He also stated that the vaginal smear showed numberspermatozoa.
Heard Mr. Parmanand Katara, learned senior companynsel appearing for the appellant accused and Mr. Navnit Kumar, learned companynsel appearing for the respondent State.
Bruise mark over middle part of the front of the right side of the back size 11/2x1.
The seized underwears of both the appellant and the deceased were sent to FSL for examination.
After enquiring about her daughter in the house of his elder brother, Khira Dutta, PW 2 started searching for her along the embankment.
By that time, other people from the village also gathered there.
Challenging the order of companyviction and sentence, the appellant preferred Criminal Appeal No.
On the same day, PW 3, brother of the deceased, lodged a written companyplaint with the police at Panigaon police out post.
The Additional Sessions Judge, Lakhimpur, by order dated 18.03.2006, companyvicted the appellant under Sections 376 and 302 of IPC and sentenced him to death for the offence punishable under Section 302 of IPC and rigorous imprisonment RI for life for the offence punishable under Section 376 of IPC along with a fine of Rs.
Thereafter, the appellant accused returned home and PW 1 went to the wheat field in order to show that he was busy in attending the goats.
1 and 2 were caused by sharp cutting weapon.
Brief facts As per the prosecution case, on 29.03.2000, at around 12 numbern, one Rupamoni Dutta the deceased , aged about 22 years, r o Mauza Talwa, Village Kakattiup, PS Lakhimpur, Assam went to the field near an embankment to attend her goats.
On being informed, Anand Ozah, Sub Inspector of Police, Panigaon Police Outpost, came and seized the wearing apparels of the deceased and prepared a seizure list.
By impugned judgment dated 26.09.2006, the High Court disposed of the appeal preferred by the appellant accused by companyfirming his companyviction and altering the sentence of death to imprisonment for life for the companymission of offence punishable under Section 302 of IPC along with a fine of Rs.1,000/ , in default, to further undergo imprisonment for 1 one month and for the offence under Section 376 of IPC, the High Court sentenced him to imprisonment for 7 years.
40 NL of 2003.
According to PW 1, the accused appellant engaged him as a labourer in his farm house and all along he was working under companypulsion.
The next witness relied on by the prosecution is Ganesh Duttafather of the victim who was examined as PW 2.
Though PW 1 remained silent, after 2 hours, when PW 2, father of the victim, raised a companymotion at the place of occurrence, the appellant accused also came there and saw the dead body of the girl.
Thereafter, he returned home and called for his daughter but when he found that she did number return, he again went to the embankment and shouted for her.
67 of 2006 and the trial Court preferred Death Reference No.
Being aggrieved, the appellant preferred this appeal by way of special leave petition before this Court and leave was granted on 18.01.2008.
1 were ante mortem in nature.
On 31.03.2000, the Magistrate recorded the statement of PW 1 under Section 164 of the Code of Criminal Procedure, 1973 in short the Code .
389, at North Lakhimpur P.S. During the companyrse of investigation, the police seized the underwear of the deceased stained with semen on that very day.
The appellant accused also came and enquired.
Trachea fractured at the level of the bruise marks.
Then, PW 2 came down the embankment by a path where he saw his daughter lying dead on the left side.
Thereafter, they brought home the dead body.
He also explained that since both them were having Khukri in their hands, he did number raise alarm out of fear.
The appellant accused Bhaikon Bakul Bora and Balin Saikia PW 1 were also apprehended and interrogated.
He further numbericed that because of the acts of the appellant accused, the girl died on the spot and he also numbericed that the appellant accused along with the accomplice dragged her to the nearby place surrounded by shrubs and bushes and left the body there.
On 30.03.2000, at about 9.30 a.m., the police alleged to have seized a blue underwear of the appellant accused suspected to have been stained with semen.
Sathasivam,J. This appeal is filed against the judgment and order dated 26.09.2006 passed by the Division Bench of the Gauhati High Court in Criminal Death Reference No.
