STATE OF ASSAM Vs. BIKASH DAS

JUDGEMENT

(1.) The Death Reference Case No.4/2019 and Crl.A.No.92(J)/2019 have been heard together and are being disposed of by this common judgment and order.

(2.) By the impugned judgment dtd. 27/9/2019 and the order of sentence dtd. 3/10/2019, passed by the learned Sessions Judge, Sivasagar in Sessions Case No.130(S-N) of 2018 arising out of GR Case No.390/2018 (PRC No.131/2018 and to Simaluguri GRPS case No.6/2018 under Ss. 302, 302/34, 376(D) IPC, the appellant was convicted under Sec. 302 IPC and was sentenced to death and the accused Bikash Das was also convicted under Sec. 376(1) IPC and was sentenced to undergo Rigorous imprisonment for life and also to pay a fine of Rs.10,000.00and, in default, further simple imprisonment of three months.

(3.) The prosecution case in a nutshell is that on 10/7/2018, the victim, a young female student of the 5th Semester of Assam Agricultural University, Jorhat, boarded the Down Dibrugarh Rangia (Kamakhya) Express from Sivasagar Railway Station at 08.52 AM and took her seat in the DSLR compartment attached next to the Engine. Her dead body was found lying in a half-naked condition at Simaluguri Railway Station in the toilet of the compartment. The incident was immediately reported to RPF and then to GRP at Simal-uguri Railway Station. After observing all the formalities, the body of the victim was brought down to platform No.1 of Simaluguri Railway Station. A Railway Hospital Doctor immediately examined the body, and the victim was declared dead. Accordingly, GRPS UD case No.16/18 was registered, and an investigation was initiated.