STATE OF ASSAM Vs. RAJEN DOLEY

JUDGEMENT

(1.) The Death Sentence Reference No. 1/2020 and Criminal Appeal No. 152/2020 and Criminal Appeal No. 153/2020 have been heard together and are being disposed of by this common judgment and order.

(2.) By the impugned judgment dtd. 12/3/2020 passed by the learned Additional Sessions Judge, Jorhat in Sessions Case No. 41/2013, corresponding to G.R. Case No. 125/2012 registered under Ss. 302/143/201/364 of IPC, the appellants were conv-icted under Ss. 302/143/201/364 of IPC and in Crl.A. No. 152/2020, the appellant, Shri Rajen Doley was sentenced to death for committing the offence under Sec. 302 of IPC and to pay a fine of Rs.10,000.00 (Rupees ten thousand) and in default of payment of fine, to undergo simple impris-onment for a period of one month and in Crl.A. No.153/2020, the appellants, namely, (i) Shri Atul Doley (ii) Shri Biswa Patir (iii) Shri Baku Doley (iv) Shri Bimal Patir@ Birinchi (v) Shri Bamun Doley (vi) Shri Raju Doley (vii) Shri Lakhindra Patir Lotikai (viii) Shri Jan Doley (ix) Shri Janma Doley and (x) Shri Anil Doley, were sentenced to impris-onment for life under Sec. 302 IPC and to pay fine of Rs.10,000.00 (Rupees Ten thou-sand) each and in default of payment of fine, to undergo simple imprisonment for a period of one month. The remaining two accused, who faced trial, Shri Pulin Doley died during the trial, and Shri Limai @ Nimai Doley, though convicted under Sec. 302 IPC and sentenced to imprisonment for life, has not preferred any appeal. The accused persons were also convicted for the commission of an offence under Sec. 364 IPC and were sentenced to undergo Rigorous Imprisonment for 10 (ten) years and fine of Rs.5,000.00 each, and in default to undergo simple impri-sonment for one month. The accused were also convicted for committing an offence under Sec. 201 of IPC and were sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000.00 (Rupees five thousand) only each. In default of payment of the fine, to undergo simple imprisonment for one month. For committing the offence under Sec. 143 of IPC, the accused were sentenced to undergo imprisonment for six months and to pay a fine of Rs.1,000.00 (Rupees one thousand) only each. In default of payment of the fine, to undergo simple imprisonment for one month. The sentences were to run concurrently.

(3.) The prosecution's case in a nutshell is that on 29/8/2012, one Shri Ranjit Patir (PW-5) and Shri Brojen Misong (PW-6), gave information before the Officer-in-Charge, Garmur Police Station, Majuli, that some villagers of Luhit Chapori Village forcefully took Shri Rajkumar Doley, Shri Bornali Doley and their son Shri Jitu Doley to an unknown place and killed them for practising witchcraft. Upon receipt of the said information, GD Entry No. 464/2012 dtd. 29/8/2012 was made, and the incident was brought to the notice of the Superintendent of Police, Jorhat.