SURAJ GUPTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) These three appeals have been filed by the accused persons being aggrieved by the judgment dated 24.7.2007 holding the accused persons guilty of offences punishable under Section 304A IPC, 302 IPC, both read with Section 120B and Section 201, IPC read with Section 34, IPC.

(2.) The learned trial judge after holding the accused persons guilty proceeded further to hear the accused persons on question of sentence and vide further order dated 24.8.2007 awarded death penalty to the three appellants for committing murder of Baivabh Singh @ Bebu @ Vishal, under Section 364A, IPC to undergo rigorous imprisonment for life and pay fine of Rs. 10,000 in default thereof each accused to undergo RI for three years and also sentenced them to undergo RI for six years, for offences under Section 201, IPC and did not propose to award any sentence for offence punishable under Section 120B of the IPC, in view of the fact that each of the accused had been convicted for the substantive offences.

(3.) We are not required to detail out the details of the prosecution case suffice to say that the prosecution story as unfolded in the FIR and before the court is that on the evening of 28.5.2006 at about 8.45 p.m. the OC of Tura Police Station, West Garo Hills received an oral communication from one Bibash Das about missing of a 9 years old boy, namely, Baivabh Singh @ Babu @ Vishal from a locality called Fancy Valley, Tura Town, West Garo Hills. It was alleged by the prosecution that one Suraj Gupta and his accomplice Sovraj Sonar and, Ajay Das @ Kirtaniya after entering into a conspiracy kidnapped the boy for ransom and thereafter murdered him. It was also alleged that the accused persons shared common intention and they had committed the crime.