PHALU KARMAKAR @ GANESH BHUMIJ Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant is aggrieved by the judgment dated 19.5.2005 of convicting and sentencing him to life imprisonment by the Sessions Judge at Dibrugarh in Sessions Case No.5 of 2003.

(2.) The facts of the case fall within a narrow compass inasmuch as on 10th June, 2001 Kania Mudi saw his six year old son Madhab Mudi with the appellant at about 12 Noon. Earlier in the day, as per the testimony of Kania Mudi, the appellant and Madhab Mudi were watching TV in the house of Kania Mudi. Thereafter, Kania Mudi then went back to his "gumti" stall and saw Madhab Mudi leaving the premises along with the appellant. Kania Mudi, under circumstances, assumed that Madhab Mudi was going to watch TV with the appellant.

(3.) Since Madhab Mudi did not return till about 7 p.m., Kania Mudi went in search of him along his family members. They were searching for him till about 11 p.m. that night but not finding him anywhere, they went in search of the appellant and found him at Ram Mura's house. When the appellant was asked the whereabouts of Madhab Mudi, he stated that he had put him in a bus, but he failed to give the details of the bus. Later that night, the dead body of Madhab Mudi was found in a drain in the Tea Garden in which Kania Mudi was living. Later on, the dead body was examined and an autopsy conducted and it is found that Madhab Mudi was sodomized and killed.