TAFAR TAPPO Vs. STATE OF ASSAM

JUDGEMENT

(1.) THERE are two appellants before us, that is, Tafar Tappo and Milkush Lekra. They are aggrieved by the judgment and sentence dated 11-2-2005 passed by the learned Addl. District & Sessions Judge, Lakhimpur in Sessions Case No. 52(NL)/03.

(2.) THE facts of the case are rather interesting. It is alleged by the prosecution that three persons, that is the two appellants before us and one Markesh Lekra went to the house of Sylvina Orang at about 3 a.m. on the night intervening 14/15-8-2001. THEy took her away on the ground that the mother of Milkush Lekra and Markesh Lekra was unwell. This was in the presence of the two children (Smti Prabha Khalokha and Martin Orang) of Sylvina Orang. It seems that Sylvina Orang was a nurse and was apparently required for her treatment.

(3.) WHAT is interesting is that one of the accused persons, Markesh Lekra appears to have surrendered before the police at about 9 a.m. on 17-8-2001 that is more than 12 hours before the FIR was recorded. This fact appears from the confessional statement made by Markesh Lekra under Section 164 of the CrPC. In his statement recorded on 19-8-2001 he says that Sylvina Orang was a witch in the tea garden and that she was responsible for the death of his father and his elder brother through witchcraft. He also says that Sylvina Orang had caused his niece to go mad. He says that on 14-8-2001 he went to her house and called her to see his niece. Sylvina Orang came with him and was preceding him when he struck her with firewood and trampled her in the neck as a result of which she died. He says that he then put her body in a sack with some sweepings and buried the body in a nullah. Later on, he took the police to the place of occurrence and showed them the body.