GOUTAM BINDIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. M. Barman, learned Amicus Curiae in Crl. A.(J) No. 36/2020 and Mr. N. Hasan, learned Amicus Curiae in Crl. A.(J) No. 37/2020. Also heard Ms. S. Jahan, learned Additional Public Prosecutor representing the State of Assam.

(2.) These two appeals have been preferred by Shri. Goutam Bindia and Gopi Binjia @ Bindia assailing the judgment and order dtd. 30/8/2019 passed by the Court of Sessions Judge, Tinsukia in connection with Sessions Case No. 9 (T) of 2018 whereby, both the appellants have been convicted under Sec. 302 of the Indian Penal Code, 1860 for committing the murder of Dilip Kishan and Sivaratri Karmakar and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.25,000.00 each and in default of payment of the fine, both the convicts shall undergo imprisonment of 6 months.

(3.) The prosecution case, in a nutshell, is that on 15/8/2017 at about 11 PM, the accused Gopi Binjia @ Bindia led a mob to the house of Dilip Kishan. They suspected that Dilip Kishan and his wife Sivaratri Karmakar were practising witchcraft in the village. The mob forcibly dragged out Dilip Kishan and Sivaratri Karmakar and lynched them. On the next day, i.e., 16/8/2017, Debaru Mura had lodged an ejahar before the Officer-in-Charge, Doomdooma Police Station stating that he is a line chowkidar of line No. 10 of Hansara Tea Garden. Around 11:00 pm, on 15/8/2017, a person namely Shri. Gopi Minz of the line, accompanied by some other persons (both male and female) of the line, called Dilip Kishan and his wife Sivaratri Karmakar from their house which is situated in the same line and suspecting them to be witches, they brought them across the garden and killed them on the road of the line near their house by dealing fist and kick blows and blows with lathi. On receipt of the Ezhaar, FIR was registered being Doomdooma P.S. case No. 239 of 2017 under Sec. 143/109/120(B)/302 of Indian Penal Code, 1860 and the matter was entrusted to Shri. Jyotisman Neog, S.I. for carrying out the investigation of the case. Upon completion of the investigation, the I.O. had filed a chargesheet on 23/10/2017 against 31 accused persons (which includes both the convicts) namely: Sri Gopi Binjia, Sri Mahesh Bhumij, Sri Ram Mura, Sri Nirmal Garh, Sri Khalinder Bhowmij, Sri Baisaku Garh, Sri Ajay Karmakar, Sri Julum Mura, Sri Babul Mura, Sri Tufan Mura, Sri Gopi Khariya, Sri Sanjib Bhowmij, Sri Gautam Bindia, Sri Ramesh Rajput, Smt.i Rita Garh, Smti. Binti Bindiya, Smti. Sukurmoni Mura, Smti. Krishma Bindiya, Smti. Tanuja Tanti, Smt. Malti Bindia, Smti. Tina Mura, Smti. Mangali Bindia, Smti. Puno Mura, Smti. Arti Garh, Smti Laxmi Tanti, Smti Phulko Bishnu, Smti. Niha Bhowmij, Smti. Anu Murah, Smti. Mangli Mura and Smti. Sabitri Sibu.