S. Shah Mohammed Quadri, J. - (1.) The appellant was found guilty of offence under S. 302, I.P.C. and was sentenced to death by the Sessions Judge, Kamrup, Guwahati in S.C. No. 114(K) of 1996 on 18-8-1997 which was confirmed by the Division Bench of the Gauhati High Court in Criminal Death Ref. No. 2 of 1997 and Criminal Appeal No. 254(J) of 1997 on 3-2-1998. Against the judgment of the High Court, this appeal is filed by special leave. This Court admitted the appeal limited to the question of sentence.
(2.) The gravamen of the charge against the appellant is that in the morning hours, around 7 a.m. on April 24, 1996 Hara Kanta Das was taking his morning cup of tea on the corner tea stall of M.G. Road and Chamber Road, Guwahati along with others. The appellant arrived at the scene with a sword like weapon and with it dealt blows to Hara Kanta Das who fell down on the ground. The appellant amputated the right hand and thereafter severed the head of Hara Kanta Das (the deceased). With the head of the deceased in one hand and the blood dripping weapon in the other hand, he moved majestically towards Fancy Bazar Police Outpost. The occurrence was witnessed by persons standing there of whom P.W. 3, Kalu Das, P.W. 5, Gaya Prasad and P.W. 8, Gauri Sankar Thakur were examined as eye-witnesses. Ratan Rai, P.W. 1, the sweeper rushed to the police station to inform about the incident. There he found the appellant entering into the Police Outpost. P.W. 2, Rateshwar Barman was on duty. The appellant asked P.W. 2, where he should keep the head and the weapon and placed them in the verandah of the police station. The weapon was seized and marked as Ext. 1 after conducting inquest over the head. After taking the head to the scene of occurrence where the body was lying, another inquest was conducted and the body was sent to the Doctors for conducting post-mortem examination. P.W. 9, Dr. Pratap Ch. Sarmah, conducted the post-mortem examination and sent report, Ext. 14. P.W. 9 noted that the head of the deceased was severed from the body which was having as many as nine injuries on it.
(3.) The learned Sessions Judge, Kamrup, Guwahati having considered the evidence of eye-witnesses, which was corroborated by the medical evidence, found the appellant guilty of offence under S. 302, I.P.C. On the question of sentence the learned Sessions Judge gave an opportunity to the appellant to state the mitigating circumstances, if any, and noted that he did not state anything relevant and that he even refused to put his signatures on his statement. The learned Sessions Judge mentioned that the appellant remained uncooperative, on being asked further questions in regard to sentence. In the circumstances of the case, having applied the principles laid down by this Court, the learned Sessions Judge concluded that it is rarest of the rare case and accordingly sentenced the appellant to death and referred the case to the High Court under S. 366(1), Cr. P.C. for confirmation of the death sentence. The reference was numbered as Criminal Death Ref. No. 2 of 1997.;