ARUP RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. D. Purkayastha, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent No.2.

(2.) The judgment and order dt. 3/12/2018 passed by the learned Additional Sessions Judge, Goalpara in Sessions Case No.25/2016 convicting the sole appellant Arup Rabha for committing offences under Sec. 364(A)/302/201 of the Indian Penal Code (IPC) and sentencing him to undergo rigorous imprisonment for life for committing the offences under Sec. 364(A) and 302 of the IPC and to undergo rigorous imprisonment for five years for committing the offence under Sec. 201 of the IPC and also to pay fine of Rs,.5000/-, in default, to undergo rigorous imprisonment for a further period of one year with all the sentences running concurrently, has been assailed by the sole appellant by filing the present appeal.

(3.) The prosecution case, in a nutshell, is that on 2/8/2014, an ejahar was lodged before the Officer-in-Charge, Agia Police Station, by Sri Nikhil Chandra Kalita (PW-1) informing that on 30/7/2014, at around 3.00 p.m. someone had called his brother-in-law Sri Jogendra Narayan Kalita (deceased) over phone to Fafanga Part-II Gaon, Barmahara, on the pretext of providing him with rubber. On receiving the phone call, his brother-in-law went out of his house in his motorcycle bearing Registration No.AS-18-A-6670 but thereafter, he went missing. Since his brother-in-law did not return home at night, extensive search was made looking for him but the victim could not be traced out. Later on, around at 10.00 p.m. in the evening, some miscreants had called up his younger brother viz., Sri Sailen Das in his phone bearing No. 97073271842 from the phone of his missing brother-in-law bearing No. 8721828988 and said that Jogen Kalita was with them and demanded ransom of Rs.10.00 lakhs for his release. Thereafter, they switched off the mobile phone. On such ground a prayer was made to initiate necessary action in the matter.