SUCHENDRA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) All these three Criminal Appeals arise out of the common judgment and order dated 17.01.2019 passed by the court of learned Additional Sessions Judge, Hojai in Sessions Case No.74(N)/2017 whereby, each of the appellants have been convicted under Sections 302/201 of the I.P.C. and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000/- each, in default, to suffer simple imprisonment for three months for the offence under Section 302 IPC. For the offence under Section 201 IPC the appellants have been sentenced to undergo rigorous imprisonment for three years and also to pay fine of Rs.6000/- each, in default, to undergo simple imprisonment for two months in addition. All the sentences were to run concurrently.

(2.) We have heard Mr. D. Talukdar, learned counsel for the appellant in Crl. Appeal No.132/2019, Ms. B. Choudhury, learned Amicus Curiae appearing for the appellant in Crl. Appeal(J) No.32/2019 and Mr. R. Dev, learned counsel appearing for the appellants in Crl. Appeal No.314/2019. Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, has appeared on behalf of the State in all the three appeals.

(3.) The prosecution case, in a nutshell, is that the victim Nirjala Das, aged about 41 years, went missing on 12.07.2017 after she had gone to No.1 Hatikhuli Rubber Garden to collect firewood. When the villagers were searching for her on the next day i.e. 13.07.2017, they saw a newly dug up pit covered y soil and informed the Lumding Police Station. The police had arrived at the spot along with the Executive Magistrate, dug up the pit and took out the dead body of a woman (victim) who was later identified by the son of the victim.