PRANAB KALITA Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Pranab Kalita has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation. He has further been convicted under Section 201 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 1 (one) year and fine of Rs. 1,000/- with default stipulation. Both the sentences have been ordered to run concurrently.

(2.) The victim of the incident was Kundan Das, a minor boy aged about 10 years.

(3.) According to the prosecution case, on 13/7/2010 around 3:30 p.m. Kundan was playing near his house at Dharapur (Konchpara). The house of Bipin Kalita was adjacent to the house of Kundan. The appellant Pranab Kalita is son of Bipin Kalita. When Kundan did not return home and was found missing, a search was launched for him. Many villagers including the family members of Bipin Kalita, namely, Anil, Baroda, Ratna and the appellant also joined the family members of Kundan in the search. At that time, some caller made a call in the landline phone no. 2843047 of one Khagen Chandra Kalita-a neighbour of Kundan and claimed that Kundan had been kidnapped and he would make another call on the next day again in morning hours. Being armed and panicked, father Karuna Kanta Das (PW-1) of Kundan made the First Information Report Exhibit-1 in police station Azara of Distrct Kamrup.