Ranjit Kumar Haldar vs The State Of Sikkim

2) An FIR was lodged by Bhola Mohanta (PW-1), brother of the deceased, on December 28, 2004. The original FIR was lodged in Bengali language (Exh. 1), which was later translated in Nepali language. Bhola Mohanta (PW-1) in his statement has stated that his brother had gone to Rabom Power House at Lachung along with Page 1 of 16 his family with the accused Ranjit Haldar to work as Carpenter. He further stated that his deceased brother, Netai Mohanta, was murdered by accused Ranjit Haldar along with his nephew Puran Bandhu Mondal and Mamta Mohanta, wife of the deceased. He also stated that the body of his deceased brother was buried inside the house at Rabom where they used to stay.

3) On the basis of his statement, the investigations were undertaken by Rinzing Palzor Bhutia (PW-15). He deposed that he availed the services of one Krishna Kanta Burman for translating the contents of FIR, lodged by Bhola Mohanta, from Bengali language to Nepali language. He visited the place of occurrence at the house belonging to one Jamyang Bhutia (PW-5) and prepared rough sketch map and also arranged to take photographs of the place of occurrence. Accused Mamta Mohanta was present at the place of occurrence who was brought by Bhola Mohanta (PW-1). The statement (Exh. 4) of accused Mamta Mohanta was recorded under Section 27 of the Indian Evidence Act, 1872 1. On the basis of statement, the dead body of deceased Netai Mohanta concealed underneath the wooden flooring at the place of residence was recovered after the flooring was removed. Dr. S.D. Sharma (PW-

12), a medical consultant of STNM Hospital, was also present at the time of recovery of dead body. The dead body was found packed in a gunny bag with its opening tied by a rope. The body has not decomposed but dried to certain extent as the weather condition 1 for short, ‘Act’ Page 2 of 16 at Rabom being cold. The dead body was identified by Ravi Deb (PW-3). The postmortem report is Exh. 27. The investigating officer took into possession one plane ( randa), one local made ‘angethi’, one ‘batali’ (carpenter tool) and a lock. He also took into possession two gunny bags smeared with mud, two pieces of rope of different sizes from the place of occurrence.

7) The prosecution examined Jamyang Bhutia (PW-5) who deposed that he has given two rooms in his house on rent to Ranjit Haldar. He further deposed that he has engaged him in the construction work of his another house. He deposed that one boy who was initially residing with the accused left the place. Later, one more Carpenter along with his wife and two small children started living together in the same two rooms. After residing in his house for less than a month, they all left the house after locking the door. He has not seen them leaving the house. It is after one month, the Police came to find out whether any Carpenter was residing in his house. He showed the house where the Carpenter was residing. Thereafter, the Police along with the female accused came to his house. The lady accused standing in the dock pointed the spot below the wooden floor of the house where the dead body of her husband was concealed. The Police removed the wooden planks from the floor and found the dead body packed in a gunny bag. The dead body was in a decomposed state and foul smell was coming out therefrom. The dead body was examined by a Doctor Page 4 of 16 present there. The witness deposed that he does not reside in the house from where the dead body was recovered. He lives in a separate house with his family. The accused lived for less than a month in the said house. The lady accused joined later. He further deposed that the door of the house remained under lock and key till the arrival of the Police.

He was informed of the death of Nitai Mohanta and was called by the Police. The Police in his presence broke open the lock of the door of a portion of the house. The appellant Mamta Mohanta was asked where the dead body of her husband was. On her pointing out to a spot under a bed as being the place where dead body of the deceased was concealed, the Police with the help of persons present there removed wooden planks. Under the wooden planks, there were stones and mud. After stones and mud was removed, a dead body found concealed wrapped in a jute gunny bag whose opening was tied with a string. The dead body was then brought out. He identified the deceased from his wearing apparels particularly a sweater and one mala (tulsi) around his neck which he used to wear and also from the appearance of the face.

Section 106 of the Act was introduced not to relieve the prosecution of their duty but it is designed to meet the situation in which it would be impossible or difficult for the prosecution to establish facts which are especially within the knowledge of the accused.

22) In respect of the appellant Mamta Mohanta, there is evidence of recovery of dead body concealed in a house on the basis of her disclosure statement, where she was allegedly living with the other appellant along with the deceased and her two children. The recovery of dead body concealed under the wooden planks covered by mud and stones is very strong incriminating circumstance Page 14 of 16 against Mamta Mohanta to maintain her conviction. Apart from such incriminating circumstance, there is a statement of Doma Lepcha (PW-2) before whom she has confessed. Phurba Lepcha (PW-4) is the husband of Doma Lepcha (PW-2) who supports this testimony.

25) Both the Courts below have rightly recorded conviction of the Page 15 of 16 appellants as the persons responsible for causing death of the deceased Netai Mohanta. Consequently, we do not find any error in the judgment passed by the Courts below which does not warrant any interference. Accordingly, both the appeals are dismissed.

JULY 25, 2019.

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