CHITTARANJAN BAROI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant-Chittaranjan Baroi is the father of Late Prativa Baroi, aged about 29 years. He has preferred this appeal against the judgment and order of the trial court acquitting the sole accused Shital Das of the charges under Sections 364/302 and 201 of the Indian Penal Code.

(2.) According to the prosecution case, victim Prativa was working as a teacher in Milky Way English Medium High School, Guwahati, at the relevant time and on 29/5/2009, she went to school at about 8 PM, telling everyone at her house that she would be leaving for New Delhi with the owner of that school, namely, Mrs. Aradhana Medhi (PW-11). Her father Chittaranjan Baroi (PW-1), mother Mina Baroi (PW-2), her brother Chandan Baroi (PW-7) and her sister Kripa Baroi (PW-9) took her words into good faith and remained with an impression that she would leave for New Delhi with Aradhana (PW-11). Even Pratul Barman (PW-14), the Chowkidar of that school came to her house on that day at about 10 AM and told her mother Mina, that he had safely dropped both Aradhana and Prativa at the Airport. But, Prativa did not inform about her reaching New Delhi to her family members and so, on 31/05/2009, Chittaranjan went to her school and met Pratul and enquired about any news from Prativa. Pratul assured him that she would return shortly. But Chittaranjan got surprised to see Aradhana entering the school premises in her car and when he met her and enquired about Prativa, she denied accompanying her to New Delhi and assured him that Prativa would return soon.

(3.) Perturbed, the family members of Prativa spent the night. But at about 2:30/3 A.M, a message came from the mobile phone of Prativa to the mobile phone of her sister - Kripa intimating that she had been staying with one Amit Saikia at Jorhat and she had been working at M.M.C. company at Jorhat. After the said message, the mobile phone of Prativa was found to be switched off. Smelling foul play, Chittaranjan lodged the First Information Report (Exhibit-1) at Bharalumukh Police Station, Guwahati on 01/06/2009. It was a missing information report about Prativa and the information was entered as G.D. Entry No.9/09 dated 01/06/2009. Thereafter also, messages continued to come intermittently from Prativa's mobile and on 06/06/2009 a letter was received purportedly from Amit Saikia where it was again informed that Prativa was safe and sound and was with him at Jorhat. At this, Chittarajan again lodged a First Information Report (Ext-2) before the same Police station on 08/06/2009 in continuation of his earlier missing report (Ext-1) fearing that Prativa's life was in grave danger. This report was registered as Bharalumukh Police Station Case No. 163/2009 under Section 366 of the Indian Penal Code.