Details - Dhemaji

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Cause Title
SESSIONS CASE NO.94 (DH) 2010
Complainant - Smti Sukhada Gogoi,
W/O Bhadia Gogoi
R/O Dimow Gulai Gaon
P.S. Silapathar,
Dist. Dhemaji.
– Versus -
Accused- (1) Akanman Chutia
S/O Daneswar Chutia,
R/O Chili Asomia Gaon,
P.S. Silapathar,
Dist. Dhemaji,
ADVOCATES;
(2) Daneswar Chutia,
S/O Lt. Rangai Chutia,
R/O Chili Asomia Gaon,
P.S. Silapathar,
Dist. Dhemaji.
(1) For the Prosecution : Mr. M.K. Boruah
Public Prosecutor
(2) For the Defence : Mr. P. Gogoi.

IN THE COURT OF THE SESSIONS JUDGE ; DHEMAJI.
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Present : Shri L. Hazarika,B.A.(Hons),LL.B.
SESSIONS CASE NO. 94 (DH) 2010.
The State of Assam
-Vs-
(1) Akanman Chutia and
(2) Daneswar Chutia
Charge u/s 306 of I.P.C.
Date of hearing on - 16-11-2010 , 7-4-2011, 21-5-2011,
14-6-2011, 14-7-2011,25-8-2011,
3-2-2012 & 14-3-2012.
Date of Judgement on 28-3-2012.
J U D G E M E N T :
(1) The prosecution case in brief is that on 19-5-2010 the
complainant-Smti Sukhada Gogoi lodged an ejahar with the
Silapathar Police Station alleging that in the eveining on 18-5-2010
the village gaonburha informed them stating that Mina Chutia
committed suicide by hanging and on reaching found the dead body
of Mina Chutia was laid down on a bed pulling down her body from
hanging position. The complainant suspected the husband of Mina
Chutia in committing murder of Mina Mina Chutia. On receipt of the
written ejahar from the complainant police registered a case and
started investigation. During the course of investigation police
conducted inquest on the dead body of deceased-Mina Chutia by an
Executive Magistrate ; performed Post-mortem Examination on the
dead body by a Medical Officer and after completing the
investigation police submitted charge-sheet the case against the
accused-Akanman Chutia and Daneswar Chutia u/s 302/34 of I.P.C.
(2) The accused persons were produced from jail hajot
before the Court of learned Judicial Magistrate,1 st Class, Dhemaji.
Copies of the papers submitted u/s 173 of Cr.P.C. were furnished to

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the accused persons complying with the provision of section 207 of
Cr.P.C. Since the offence u/s 302 of I.P.C. is exclusively triable by
the court of sessions, the learned Judicial Magistrate,1 st Class,
Dhemaji Mr. M.H. Barbhuiya committed the case to the Court of
Sessions for trial and accordingly the case was registered as Sessions
Case No.94 (DH) 2010.
(3) The accused persons were produced from jail hajot
before the Court of Sessions. My learned predecessor Mr. B. Debnath
after hearing the learned Counsel for both sides on the question of
charge and considering the case record ; the statements of the
witnesses and the documents and papers referred u/s 173 of Cr.P.C.,
framed formal charge u/s 306 of I.P.C. against the accused persons.
The charge was read-over and explained to the accused persons ; to
which they pleaded not guilty and claimed to be tried.
(4) In order to bring home the charge u/s 306 of I.P.C.
against the accused persons the prosecution has examined altogether
10 witnesses. The statements of the accused persons were recorded
u/s 313 (1) (b) of Cr.P.C. The accused persons have adduced none for
their defence and they have denied the charge levelled against them.
(5) Point for Determination :
(1) Whether the deceased-Mina Chutia committed
suicide by hanging on being abetted by the accused-Akanman Chutia
and Daneswar Chutia and thereby they committed an offence
punishable u/s 306 of I.P.C.
(6) Decision and Reasons thereof :
I have heard argument advanced by the learned Counsel
for both sides. I have carefully gone through the evidence on records
of the prosecution. My decision and reasons thereof are given below.
(7) In the instant case the prosecution has examined the
complainant-Sukhada Gogoi as PW1; Dipen Chutia as PW2 ;
Rituparna Chutia as PW3 ; Sunil Saikia as PW4; Chaitanya Chutia as
PW5 ; Buiyan Chutia as PW6 ; Dr. Binod Kr. Gogoi as PW7; Keshab
Ranjan Choudhury as PW8 ; Hem Kanta Pegu as PW9 and Dilip

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Bania as PW-10.
(8) It appears from the evidence on record of complainant
(PW1) that getting information about occurring the death of Mina
Chutia she rushed to the house of accused-Akanman Chutia and
found the dead body of Mina Chutia was covering with a piece of
cloth placing on a bed. She suspected in committing murder of Mina
Chutia by the accused persons. It is also in the evidence on record of
the complainant(PW1) that she noticed injury on the right hand of
Mina. Further, it is in the evidence of PW1 that police took the dead
body to the police station. Further more, it appears from the
evidence on record of the complainant (PW1) that in earlier occasion
she was complained by Mina stating that the accused persons
subjected cruelty on her. It is admitted by the complainant (PW1)
that nothing any complaint has been made by Mina accusing the
accused persons in subjecting cruelty upon her.
(9) The evidence of PW2 is that he was informed by one
Hiteswar Chutia stating that Mina Chutia committed suicide. Getting
information, he went to the house of accused-Akanman Chutia and
found the dead body of Mina Chutia placing on a bed. It is also stated
by PW2 that the accused-Daneswar Chutia disclosed to him stating
that the dead body was pulled down from the hanging position. By
the following day police conducted inquest on the dead body by an
Executive Magistrate wherein he put his signature. It is admitted by
PW2 that it was not aware of him about any quarrel that had taken
place in between the deceased and her relatives at her matrimonial
home.
(10) The evidence of PW3 is that he was informed by the
Gaonburha stating that Mina Chutia committed suicide by hanging.
It is also in the evidence on record of PW3 that on his reaching found
the dead body of Mina Chutia was lying down on a bed and
Magistrate conducted inquest on the dead body of Mina Chutia in his
presence.
(11) The evidence of PW4 is that getting information about

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committing suicide by Mina Chutia from the Gaonburha, he rushed
to the house of Akanman Chutia and found the dead body of Mina
Chutia was laid down on a bed. It is also in the evidence on record of
PW4 that the accused-Daneswar Chutia disclosed to him stating that
Mina Chutia (deceased) was pulled down from the hanging position
with intent to save her life. By the following day police came and
took the dead body. It is stated by PW4 that Mina Chutia developed
tendency of committing suicide.
(12) The evidence of PW5 is that the dead body of Mina
Chutia was found placed on a bed and he was told by the accused
-Daneswar stating that with intent to save her life they pulled down
her body from the hanging position,. It is stated by PW5 that Mina
Chutia was a mentally ill.
(13) The evidence of PW6 is that about 1 year back hearing
'hulla' in the house of accused persons he rushed to the place of
occurrence and found Mina Chutia committing suicide by hanging.
(14) PW7 is the Medical Officer who conducted Autopsy on
the dead body of deceased-Mina Chutia and his evidence is that on
20-5-2010 he conducted Post Mortem Examination on the dead body
of deceased and found one ligature mark on the neck. It is opined by
the Medical Officer (PW7) that the cause of death of the deceased
was due to Asphyxia following air-way obstruction at the level of the
neck which was ante-mortem in nature. Ext-2 is the Post Mortem
Examination Report.
(15) PW8 is the Investigating Officer of the case and his
evidence is that during the course of investigation he visited the place
of occurrence, conducted inquest on the dead body of deceased by an
Executive Magistrate and sent the dead body to Dhemaji Civil
Hospital for performing Post Mortem Examination. It is also in the
evidence on record of PW8 that he examined and recorded the
statements of the witnesses, seized one piece of chaddar by seizure
list marked as Ext-4 and after completing the investigation he
handed-over the Case Diary to O/C, Silapathart Police Station since

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he became ill.
(16) PW9 is the S.D.O. (Civil), Dhemaji and his evidence is
that on 19-5-2010 he conducted inquest on the dead body of Mina
Chutia and prepared report marked as Ext-1. It is stated by PW9 that
no any sort of injury has been noticed on the dead body of the
deceased-Mina Chutia while conducting the inquest on the dead
body.
(17) PW-10 is the Investigating Officer who submitted
charge-sheet after completing the investigation. It is stated by the
Investigating Officer (PW10) that after completing the investigation
he submitted the charge-sheet marked as Ext-6 against the accused
persons.
(18) Under Section 113-A of the Evidence Act, it is laid
down that – When the question is whether the commission of suicide
by a woman had been abetted by the husband or any relative of her
husband and it is shown that she had committed suicide within a
period of seven years from the date of her marriage and that her
husband or such relative of her husband had subjected her to cruelty,
the court may presume, having regard to all the other circumstances
of the case, that such suicide had been abetted by her husband or by
such relative of her husband.
(19) On close and careful scrutiny of the evidence on records
of the prosecution, it appears that the death of the deceased-Mina
Chutia had occurred due to Asphyxia following air-way obstruction
at the level of the neck. No any other sorts of injury have been found
over the body of the deceased-Mina Chutia. It appears from the
evidence on record of PW1 , 2, 3, 4, 5 and 6 that on their reaching
the dead body of the deceased was found placing on a bed pulling
down from the hanging position. It also appears from the evidence on
record of PW-4 and 5 that on their reaching the accused-Daneswar
disclosed to them stating that with intent to save the life of Mina
Chutia they pulled down the body from hanging position. It also
appears from the evidence on record of investigating officer (PW8)

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that one chadar was found by which the deceased committed suicide
fastening her neck. It appears from the evidence on record of the
complainant (PW1) that in one earlier occasion he was told by the
deceased-MIna Chutia stating that the accused persons started torture
upon her. But this part of the evidence of the complainant (PW1) is
found self contradictory. It is admitted by the complainant that no
any allegation has been made by Mina Chutia (deceased) against the
accused persons accusing them subjecting cruelty upon her. The
prosecution is silent when the marriage of Mina Chutia was
performed with the accused-Akanman Chutia. Whether the
occurrence took place within 7 years of the marriage of the parties or
before that. Except the self contradictory piece of evidence put
forward by the complainant (PW1), there is nothing to show that
Mina Chutia became subjected cruelty by her husband and relatives
prior to committing suicide by her by hanging. Considering the
evidence available on record, it cannot be presumed that Mina Chutia
committed suicide on being abetted by the accused persons. At this
juncture, I have no alternative but to acquit the accused from the
charge u/s 306 of I.P.C. The prosecution has failed to prove the case
u/s 306 of I.P.C. against the accused persons beyond all reasonable
doubts.;l
(20) In conclusion, I find the accused-persons not guilty to
the charge u/s 306 of I.P.C. Accordingly, the accused persons are
acquitted from the charge u/s 306 of I.P.C. levelled against them. Set
them at liberty forthwith. The bailors are discharged from their
liabilities. Judgement is pronounced in open Court.
(21) Given under my hand and seal of this Court on this 28 th
day of March,2012.
( L. Hazarika )
Sessions Judge,
Dhemaji.

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APPENDIX :
(1) Witnesses for the prosecution:
P.W-1 : Smt. Sukhada Gogoi (complainant)
P.W-2 : Dipen Chutia,
PW-3 : Rituparna Chutia
PW-4 : Sunil Saikia
PW-5 : Chaitanya Chutia
PW-6 : Buiyan Chutia
PW-7 : Dr. Binod Kr. Gogoi
PW-8 : Keshab Ranjan Choudhury (I/O)
PW-9 : Hem Kanta Pegu
PW-10 ; Dilip Bania (I/O)
(2) Exhibits for the Prosecution :
Exhibit-1 : Inquest-report
Exhibit-2 : P.M. Report
Exhibit-3 : Dead Body Challan
Exhibit-4 : Seizure List
Exhibit-5 : Sketch Map
Exhibit-6 : Charge-sheet
Exhibit-6 (another ) : Ejahar.
Dictated & corrected by me :-
( L. Hazarika )
Sessions Judge,
Dhemaji.
( L. Hazarika )
Sessions Judge,
Dhemaji.
Transcribed & typed by me :-
( B.K. Buragohain, Steno.)

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Sessions Case No. 94 (DH) 2010.
Record put-up. The accused persons namely Akanman
Chutia and Daneswar Chutia are present. Judgement is ready and
pronounced in open Court. The prosecution has failed to prove its
case u/s 306 of I.P.C. against the accused beyond all reasonable
doubts. Accordingly, the accused persons are acquitted from the
charge u/s 306 of I.P.C. levelled against them . Set them at liberty
forthwith. Bailors are discharged from their liabilities. Detail
judgement is given in separate sheets.
Sessions Judge,
Dhemaji.