ANIL BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH the appellants herein have been convicted under Sections 376/ 302/201 read with Section 34 of the Indian Penal Code vide impugned Judgment dated 19.9.2009 passed by the learned Sessions Judge Kokrajhar in Sessions Case No. 75 of 2007. After convicting the appellants for the aforesaid offences the learned Sessions Judge has awarded Imprisonment for Life for the offence of rape and murder and rigorous imprisonment for 3 years has been awarded under section 201 IPC. In additional to the prison sentence the appellants have been directed to pay fine of Rs.10,000/ - under Section 302 IPC and Rs.1,000/ - under Section 201 of the IPC respectively with default sentence. The sentences are directed to run consecutively.

(2.) BEING aggrieved with the conviction and sentences both the appellants have filed this common appeal from jail. Since the appellants were financially weak and were not represented by any counsel, Mr. KK Bhatta was appointed as Amicus Curiae for the appellant.

(3.) THE appellant Alu Brahma is none else but the maternal uncle of the victim girl. The deceased was 16 years old girl . It is the prosecution case that in the evening of 7.10.2006 the accused/appellant No.1 Anil Basumatary came to the house of the informant and took away his daughter on the pretext of dropping her to the house of co -accused Alu Brahma. At that time parents of the victim girl were away from home to witness Laxmi puja. Only the victim girl and her younger brother Satan (PW -1) were at home. It is the further case of the prosecution that the victim girl volunteered to accompany the accused Anil to the house of Alu and they were seen moving together in the village. On the next morning the dead body of the informant's daughter was found floating in a river. Since the victim had accompanied the appellant they were apprehended by villagers and on being questioned they confessed their crime. Thereafter, FIR was lodged by the father of the victim girl.