BUDHIRAM MARDI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal from jail is directed against a Judgment and Order dtd. 21/11/2019 passed by the learned Additional Sessions Judge, Udalguri in Sessions Case no. 22[DU]/2014. By the said Judgment and Order dtd. 21/11/2019, the accused-appellant has been convicted for the offences under Ss. 302/448/143, Indian Penal Code [IPC]. For the offence under Sec. 302, IPC, the accused-appellant has been sentenced to undergo life imprisonment and to pay a fine of Rs.10,000.00, in default of payment of fine, to undergo rigorous imprisonment for further 6 [six] months. For the offence under Sec. 448, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 1 [one] year and for the offence under Sec. 143, IPC, the accused-appellant has been sentenced to undergo rigorous imprisonment for 6 [six] months. As per the impugned Judgment and Order dtd. 21/11/2019, all the sentences are to run concurrently.

(2.) The case of the prosecution, in brief, as has emerged from the First Information Report [FIR] [Ext.5] lodged by the informant-P.W.6 on 7/4/2010 before the Officer In- Charge, Udalguri Police Station, was that five accused persons viz. [1] Sri Buddhi Mardi [the accused-appellant]; [2] Sri Deban Mardi; [3] Sri Lakhiram Soren; [4] Sri Rajkumar; and [5] Sri Prakash, all residents of Village - Jangal Bari, Police Station - Udalguri, came to the house of the informant-P.W.6 [Smti. Sapan Hasda, daughter of Sri Mangal Hasda] at about 12 O'clock mid-night in the night intervening 6/4/2010 and 7/4/2010. It was alleged that the accused persons gagged her mouth and also the mouth of the informant-P.W.6's elder sister, Renuka Hasda and took both of them away towards Golandi River. In the FIR, it was stated that Renuka Hasda had a love-affair with one Sri Niran Daimari of Kanpur, who used to visit the house of Renuka Hasda often. The informant-P.W.6 had further alleged that some youths from their village used to prevent Sri Daimari from visiting Renuka Hasda as Sri Daimari belonged to another community. The informant-P.W.6 had further stated that on 6/4/2010 when the youth from the village found Sri Daimari inside their house, they sent him away and committed the incident. The informant-P.W.6 had further alleged that the accused persons took her away as well as her elder sister and thereafter, got separated into two groups. Two of the accused persons took the informant-P.W.6 away and the remaining three accused persons took the elder sister of the informant-P.W.6, Renuka Hasda to another direction. It had also been alleged that the two accused persons, who took the informant-P.W.6 away, had also committed rape upon her and other three accused persons who took her elder sister away, murdered her [Renuka Hasda].

(3.) On receipt of the said FIR [Ext.-5], the Officer In-charge, Udalguri Police Station registered the same as Udalguri Police Station Case no. 70/2010 [corresponding to G.R. Case no. 106/2010] on 7/4/2010 for the offences under Ss. 143/448/376/302, IPC. The Investigating Officer [I.O.] of the case upon completion of the investigation, submitted a charge sheet under Sec. 173[2], Code of Criminal Procedure [CrPC], 1973 being Charge- Sheet no. 77/2012 on 30/9/2012 [Ext.6] finding a prima facie case under Ss. 143/448/376/302, IPC established against three out of the five accused persons named in the FIR. In the Charge-Sheet, two out of the three charge-sheeted accused persons viz. [1] Lakhiram Soren; and [2] Budhiram Mardi @ Dhesa, that is, the accused-appellant, were shown as absconders and the only accused person, who was sent up for trial was Deban Mardi @ Madan Mardi. After submission of the Charge-Sheet, apart from the sent-up accused person Sri Deban Mardi @ Madan Mardi, the accused-appellant also made appearance. Upon appearance of the said two charge-sheeted accused persons, the learned Judicial Magistrate, 1stClass, Udalguri as the committal Magistrate furnished copies to them in compliance of the provisions of Sec. 207, CrPC. As the offences under Sec. 376, IPC and Sec. 302, IPC are exclusively triable by the Court of Sessions, the case records of G.R. Case no. 106/2010, arising out Udalguri Police Station Case no. 70/2010, were committed to the Court of Sessions, Udalguri by an Order of Commitment dtd. 13/2/2014. On receipt of the case records of G.R. Case no. 106/2010, the Court of Sessions, Udalguri registered the case as Sessions Case no. 22[UD]/2014 and transferred the case to the Court of learned Additional Sessions Judge, Udalguri ['the trial court', for short] for disposal.