BIKASH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present appeal is filed against the judgment and order dtd. 7/6/2019, passed by the learned Sessions Judge, Tinsukia, in Sessions Case No. 113(T)/2018, registered under Ss. 302/376 of IPC, corresponding to Mariani GRPS Case No. 14/2018, whereby the appellant was convicted under Ss. 302/376 of IPC and was sentenced to undergo Rigorous Imprisonment for 10 (ten) years for committing the offence of rape and to pay a fine of Rs.50,000.00 (Rupees Fifty thousand) and in default of payment of fine, to undergo imprisonment for another period 6 (six) months and was also to undergo imprisonment for life for committing the offence of murder and to pay a fine of Rs.50,000.00 and in default of payment of fine, to undergo imprisonment for another period of 6 (six) months.

(2.) The prosecution's case in a nutshell is that on 11/7/2018, the deceased Lalima Devi was heading to the State of Bihar by a train, and her son Jitendra Singh, purchased a general ticket and took her to the coach which is meant for disabled persons in the Avadh Assam Express. Her son had given her Rs.700..00 The son of the deceased was expecting a phone call from his mother till 3:00 pm, but, she never called him, and her phone remained unanswered as well. Subsequently, on the same day, the Officer-inCharge of Mariani GRPS informed Jitendra Singh over the phone that his mother had died. Upon receipt of the said information, Jitendra Singh and his younger brother Bijendra Singh went to Mariani and witnessed the dead body of their mother. In this regard, an FIR was lodged by SI Jitu Mipun, Sub-Inspector, Mariani GRPS, before the Officer-in-Charge of Mariani GRPS and the same was registered as Mariani GRPS Case No. 14/2018 under Ss. 302/376/34 IPC. Later, the case was transferred to GRPS Tinsukia, as the place of occurrence was outside the jurisdiction of Mariani GRPS, and it was renumbered as Tinsukia GRPS Case No. 23/2018.

(3.) Accordingly, the investigation was initiated by the concerned Investigating Officer and two persons, i.e., the appellant Bikash Das and the co-accused Bipin Pandey, were arrested. During the period of investigation, both the accused were sent to the Court of learned Judicial Magistrate, Jorhat, for recording their confessional statements. Though the accused Bipin Pandey refused to make any confession, however, the accused Bikash Das made a confessional statement before the concerned Magistrate admitting that on 11/7/2018 at about 09.:50 am, he boarded the Avadh Assam Train at Banipur Station, Dibrugarh to Tinsukia and that when the train reached at Panitola TCP, the co-accused Bipin Pandey boarded the train and accompanied Bikash Das in the coach, which was meant for disabled persons and the appellant noticed the deceased, who was sitting alone in the said coach. Thereafter, the appellant pounced upon the deceased and strangulated her neck with a Gamocha and committed rape upon her. The appellant also stated before the concerned Magistrate that after committing rape upon the deceased, he, along with the co-accused, had dragged the deceased to the toilet and trussed her to the water outlet pipe of the basin and that the co-accused had also committed rape upon the deceased and snatched away one gold earring and jewellery from the deceased.