STATE OF ASSAM Vs. ANUPAM DAS

JUDGEMENT

(1.) THE sole accused in Sessions Case No. 71 (K)/2000 is found guilty of offence under Section 302 and 201 IPC and convicted by the learned Sessions Judge, Kamrup, Guwahati by judgment dated 14. 11. 2006. The learned Sessions Judge thought it fit to award capital punishment to the accused obviously for the offence under Section 302 IPC. It is to be mentioned here that the learned Sessions Judge did not record to have awarded any punishment insofar as the charge under Section 201 IPC is concerned, though the accused is also found guilty of the said offence. For the sake of completion of the narration of facts, it is to be mentioned here that though the accused was also charged and tried under Section 377 IPC, the learned Sessions Judge did not record a finding of guilt.

(2.) IN view of the fact that the learned Sessions Judge chose to award the capital punishment, the matter is placed before this Court for confirmation of the punishment as required under Section 366 Crpc which is numbered as Criminal Death Reference No. 4 of 2006. Aggrieved by the conviction and sentence, the accused also preferred an appeal being Crl. Appeal No. 127 (J)/2006. Both the matters were clubbed together and heard.

(3.) FACTS of the case are as follows:-The unfortunate victim was a boy named "barun Shandillya", aged about 10 years. PW-1 is the father of the deceased, who owns a residential house and a commercial complex located in the same piece of land in Guwahati city, both the complex and house being separated only by a distance of 15' ft. The commercial complex is named after the mother of PW-1 as "renuka Commercial Complex". There are 9 (nine) rooms in the ground floor, which were taken on lease by different tenants for running their respective business. Shops were established. Some of them also took some rooms in the first floor of the complex and remaining rooms in the first floor of the complex were taken on lease by others. The accused is also one of the tenants in one of the rooms located in the first floor. It appears from the evidence that the accused was earning his livelihood as an Electrician. He was a tenant of the PW-1 approximately for a period of 4 (four) years and had enough intimacy with the family of the deceased.