ASWINI KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Agarwal, learned senior counsel assisted by Mr. B.K. Singh and Ms. P. Neog, learned counsel appearing for the sole appellant in Crl. App. 96/2014; Mr. D. Das, learned senior counsel assisted by Mr. B.M. Choudhury, learned counsel for the appellants in Crl. App. 91/2014 and Mr. Z. Kamar, learned senior counsel assisted by Mr. D. Talukdar and Mr. P. Choudhury, learned counsel for the appellants in Crl. App. 89/2014. Ms. S. Jahan, learned APP, Assam, has appeared on behalf of the State of Assam.

(2.) These 3 (three) appeals are directed against the common judgement dtd. 15/02/2014 passed by the learned Additional Sessions Judge No. 1, Kamrup (M) at Guwahati, in Sessions case No. 40(K)/2004, whereby, the appellant in Criminal Appeal No. 96/2014, i.e. accused Aswini Kalita was convicted under Sec. 302/201 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5,000.00 for the offence committed under Sec. 302 of the IPC and to undergo rigorous imprisonment for three years and to pay fine of Rs.1,000.00 for committing the offence under Sec. 201 of the IPC with default stipulations. By the impugned judgement, the appellants in Criminal Appeal No. 89/2014, viz. (1) Md. Washim Rafique, (2) Sri Balin Chandra Deka and (3) Sri Tilak Boro as well as the two appellants in Criminal Appeal No. 91/2014 i.e. Dr. Kismat Ali and Sri Sankar Biswakarma, were convicted under Sec. 201/202 of the IPC and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.1,000.00 each for committing the offence under Sec. 201 of the IPC and also to undergo rigorous imprisonment for three months and to pay fine of Rs.1,000.00 each with default stipulation, for committing the offence under Sec. 202 of the IPC. The sentences awarded by the learned Sessions Court were to run concurrently in case of all the accused persons.

(3.) The prosecution case, as unfolded from the materials available on record, is to effect that on 22/08/2012, at about 9 a.m., an abandoned cartoon was seen lying under the over bridge at Hedayatpur, on the eastern side of the Nehru Stadium at Guwahati. Having seen the cartoon, suspecting bomb in it, Sri Arun Chandra Kalita had informed the Latasil Police Station, where-after, the Police arrived at the spot, opened the cartoon and found a female dead body inside the cartoon which was wrapped in a holdall. Accordingly, the Officer-in-Charge of the Latasil Police Station Sri Tileswar Saikia had lodged an ejahar based on which, UD case No. 9/2002 was registered in the Latasil Police Station on 22/08/2002 and thereafter, investigation had commenced.