NANU RAM DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant Nau Ram Das alongwith 4 others were tried for the offence under Section 302/365/34 IPC by the Sessions Judge, Barpeta in Sessions Case No. 28/98, on the allegation that on 7.6.1997, one Babita Das was kidnapped from her parents place and she was subsequently put to death. On conclusion of the trial, the trial court acquitted the four accused persons and convicted and sentenced the accused appellant under Section 302 IPC with imprisonment for life. Hence the present appeal.

(2.) THE prosecution version of the case is that, deceased Babita, aged about 18 years had a love affair with the present appellant Nanu Ram Das and there was some physical relationship, as a result of which Babita had conceived. On the evening of 7.6.1997, the co -accused Dilip Das (since acquitted) took Babita Das from her parents place and she was allegedly taken to the house of the appellant Nanu Ram Das and on the next day morning the dead body of Babita Das was found lying in a field. The post mortem was conducted by PW 1 Dr. Suresh Ch. Sharma, who had opined, that the death was due to strangulation and forceful twisting of neck. The doctor further went to the extent of stating that the strangulation was done by three persons. We can overlook this part of the evidence. The defence has not challenged the death of the deceased by strangulation. The trial Court also held that this is not a case of suicide and considering the oral and medical evidence on record the trial Court rightly held that this is a case of homicide.

(3.) IN the instant case there is no eyewitness to the occurrence that is none of the witnesses saw the deceased being killed. The appellant has been convicted on the basis of the circumstantial evidence and the circumstances on which the trial court relied upon are :