SHRI PETLU KONWAR Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Criminal Appeal (J) No.108/2012 and Criminal Reference (Hills) No.1/2012 arise out of judgment dated 23.07.2012 passed by the Deputy Commissioner, Karbi Anglong, Diphu in Sessions Case No.48/2005 under Sections 376(2)(f)/302/201 IPC, convicting the appellant in Criminal Appeal (J) No.108/2012, Petlu Konwar, under the aforesaid Sections and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Rs.3,000/ - (Rupees Three Thousand), in default, to undergo further rigorous imprisonment for 3(three) months for the offence under Section 302 IPC, to undergo rigorous imprisonment for 10(ten) years with a fine of Rs.1,000/ - (Rupees One Thousand), in default, to undergo rigorous imprisonment for 1(one) month for the offence under Section 376(2)(f) IPC and to undergo rigorous imprisonment for 3(three) years with fine of Rs.500/ - (Rupees Five Hundred), in default, to undergo rigorous imprisonment for another 15(fifteen) days for the offence under Section 201 IPC. All the sentences were to run concurrently. It is also observed in the said judgment that the case against the absconding accused, Shri Rajendra Chauhan, would revive in the event of his arrest.

(2.) Under Section 6 of the Scheduled Districts Act, 1874, the Governor was pleased to prescribe a set of Rules called Rules for the Administration of Justice and Police in the Sibsagar, Nowgong, Mikir Hills Tracts for the Administration of Justice and Police in the aforesaid districts. The districts had undergone change of names and new districts had also been curved out over the years. Mikir Hills Tracts meant the Mikir Hills Autonomous District comprising of Tribal areas within the boundaries defined in Notification No.TAD/R -31/ 50/151, dated 13.04.1951. It is not disputed that the present district, named and styled as Karbi Anglong District, comprise the areas of Mikir Hills Tracts. Under Rule 16 of the aforesaid Rules, the Deputy Commissioner is competent to pass sentence of death, transportation or imprisonment up to the maximum amount provided for the offence, of whipping and of fine up to any amount provided that all sentences of death, transportation or imprisonment of 7(seven) years and upwards shall be subject to confirmation by the High Court. It is in view of Rule 16 of the said Rules, the Deputy Commissioner had forwarded the case records for confirmation by this Court and accordingly, Criminal Reference (Hills) No.1/2012 was registered.

(3.) In Criminal Reference (Hills) No.1/2012, Mr. T.J. Mahanta, learned senior standing counsel, Gauhati High Court was appointed as the Amicus Curiae. Mr. M. Biswas, learned counsel was appointed as Amicus Curiae in Criminal Appeal (J) No.108/2012 to represent the appellant. We have heard both of them as well as Ms. S. Jahan, learned Additional Public Prosecutor, Assam.