PARIMAL MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard the learned counsel appearing on behalf of the accused- appellant and the learned P.P.

(2.) This appeal is directed against the Judgment and order dated 10-3-2000 passed by the Sessions Judge, Nagaon in Sessions Case No. 4(N) of 1999 whereby the accused- appellant was convicted u/S. 302, IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5000/- in default further imprisonment for six months. The accused- appellant was also convicted u/S. 201, IPC and sentenced to imprisonment for two years and to pay a fine of Rs. 1000/- in default farther imprisonment for three months. The accused was also convicted u/S. 387, IPC and sentenced to imprisonment for two years and to pay a fine of Rs. 1000/- in default further imprisonment for three months. All the sentences were directed to run concurrently.

(3.) The prosecution case in brief is that a ransom note was received by the complainant (P.W. 5) Narendra Ch. Das demanding a sum of Rs. 10.000/-. Thereafter, the nephew of the informant namely Mithun Das aged about 12 years was taken away by the accused-appellant-Parimal Mazumdar on 25-9-1998. Thereafter another ransom letter demanding Rs. 50.000/- was received by the informant. The complainant suspected that the ransom letters have been issued by the accused-appellant-Parimal Mazumdar and immediately the FIR (Ext. 4) was lodged before police. The accused was apprehended and he confessed about taking away of the deceased -Mithun and killing him. The ac- cused led police to the recovery of the dead- body in presence of a large number of villagers. Police held inquest over the dead body and thereafter it was sent for postmortem examination which was conducted by Dr. B. C. Kakati. The doctor found as follows :