GUNARAM TANTI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The facts giving rise to laying Ms appeal unto this Court under Sections 370/392 of Cr.P.C. are that a DMsion Bench of this High Court consisting of Hon'ble Mr. Justice V.D. Gyani and Hon'ble Mr. Justice J. Sangma which heard the appeals, viz. Criminal Death Reference No. 1/1994 between the State of Assam, appellant -Vs- Gunaram Tanti, Prabin Goswami and K.C. Paul respondents, Criminal Appeal No. 100 (J)/1994 Criminal Appeal No. 107/94, Criminal Appeal No. 109/94 and Criminal Appeal No. 137 (J)/1994 arising out of the judgment of the learned Additional Sessions Judge, Jorhat dated 5.7.1994 in Sessions Case No. 18/1980 convicting the 27 accused under various sections of Indian. Penal Code and also convicting three accused persons, namely, K.C. Paul, Prabin Goswami and Gunaram Tanti for commission of the offence under Sections 302/149/109 of IPC, differed with each other in respect of the convictions and sentences that were awarded to the accused appellants named above, under Sections 109/302 read with Section 149 of IPC and sentencing them thereunder to death. The convictions of these three appellants are the subject matter of the present reference.

(2.) The difference of opinion in respect of the accused-appellants, namely K.C. Paul, Prabin Goswami and Gunaram Tanti is that while Hon'ble Gyani, J. was of the view that the prosecution could not bring home the charges against them the Hon'ble Sangma, J. held that prosecution succeeded in proving the guilt of the aforesaid 3 accused-appellants under Section 302 read with Section 109 of IPC and accordingly in modification of the sentences that were imposed by learned Additional Sessions Judge the Hon'ble Sangma, J. convicted them under Sections 302/109 of IPC and sentenced thereunder to suffer R.I. for life; and to pay a fine of Rs. 500/- each in default to suffer a further period of 3 months. I am, therefore, required to determine by writing out a separate judgment as to whether conviction of the aforesaid three accused under Sections 302/109 is maintainable.

(3.) Before entering into the rivall contentions, the facts relevant for disposal of this reference may succinctly be summarised as under :- A Tea Estate named Soklatinga Tea Estate in Assam was owned by one Mr. Bagri. But it was put on auction for sale some time in the month of November, 1978 as the owner Mr. Bagri defaulted in depositing employees contribution .to Provident Fund. Shri Dharmeswar Kaita (P.W.I) purchased this Tea Estate at the auction for Rs. 12 lakhs. Hie original owner preferred some appeal before the State Revenue Board, but he was unsuccessful. Shri Kalita (P.W.I) therefore approached the Deputy Commissioner for delivering possession of the Tea Estate. The Deputy Commissioner in his turn directed Sub-Deputy Collector to deliver possession of the Garden to Dharmeswar Kalita on 5.4.1979 A.D.