GAMBANG BASUMATARY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE material -facts of the prosecution case disclose that one Gunjet alias Genjur Basumatary is deceased. He was domestic help in the house of one Moniram Basumatary. Deceased was found missing from 27.1.2008. Employer had lodged a missing complaint with the police on 29.1.2008. Dead body was traced on 29.1.2008 near the Aie river. The death was caused by drowning. Police registered a case and sent the dead body for post -mortem. The post -mortem report discloses that the death is on account of drowning. Father of the deceased had lodged a complaint with the police about the death.

(2.) IT appears that the accused persons have been apprehended and presented before members of the All Bodo Students Union(ABSU), to whom they made extra -judicial confession in causing the death and later they have been handed over to the police for further action. After the investigation, police filed charge -sheet against the accused persons under section 302 of the IPC.

(3.) THE counsel for the appellant submits that there is no evidence adduced by the prosecution to show how the accused were produced before members of the students union. It is argued that on account of fear and intimidation there is a likelihood of involuntary extrajudicial confession of guilt, except that, there is nothing to corroborate the material placed by the prosecution to prove the guilt.