KUMAR SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. H. Choudhury and Mrs. K. M. Talukdar, learned Amicus Curiae representing both the appellants from jail in Crl. Appl. No. 29 (J) / 07 and Crl. Appl. No. 84 (J) /06 respectively. Also heard Mr. K. C. Mahanta, learned PP, Assam.

(2.) SINCE both the criminal appeals raise common question of law based on identical facts and situation, they are being taken together for analogous hearing and are being disposed of by this common judgment.

(3.) COMMON facts of the case, in brief, as unfolded by the prosecution, are that the appellant Sri Kumar Singh (hereinafter referred to as 'a-1') kidnapped his own niece Purnima @ Punam (hereinafter referred to as 'the deceased') and made her a human sacrifice so as to cure his disease on the advice of one Ajit Kr. Dutta, the another appellant (hereinafter referred to as 'a-2' ). On 4. 10. 04, at about 4-30 p. m. , A-1, uncle of the deceased, who came to the house of PW-7, Smt. Sushila @ Sunita, the mother of the deceased and sister of A-1, taking clothes in a bag with the intention to spend the night in her house, took her little daughter, the deceased towards the shop saying that he would give her biscuit. Thereafter, till the evening, A-1 and the deceased did not return and their whereabouts were also not known. Some of the villagers had gone in search of both the deceased and A-1 but they could not find. Thereafter, the matter was informed in the house of A-1 but the mother of A-1 gave the address of another person, i. e. A-2 to where A-1 might have gone. On such circumstance all the family members, i. e. PW-2, Baban Singh, father of the deceased, PW-3, Sikondar Singh, uncle of the deceased and others made vigorous search of the girl. On the next day morning, PW-2 found both A-1 and A-2 in the house of A-2 and when PW-2 asked A-1 about his daughter he told him that he killed the girl and he sacrificed her to the goddess to cure his disease and also admitted that her body was still lying there. He also informed that he sacrificed the girl at Noorbari Tea Estate on being asked by A-2, who was a devotee of goddess Kali.