TILOK PANIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. Nath, learned amicus curiae appearing for the appellants and Mr. Z. Kamar, the learned P.P., Assam.

(2.) This criminal appeal from jail is directed against the judgment and order dated 21.1.2002 rendered by the learned Sessions Judge, Sibsagar in Sessions Case No. 166 (S-C)/2000 on being committed by the learned Judicial Magistrate Ist Class, Charaideo, Sonari in G.R. Case No. 70/2000, dated 22.11.2000 whereby the appellants were found to be guilty for the cause of death of the victim minor girl of the accomplice appellant No. 2 and accordingly they were convicted under Sections 302/201, IPC and sentenced accordingly to undergo rigorous (R.I.) imprisonment for life with a fine of Rs. 1,000/- each under Section 302, IPC and also R.I. for 3 years with a fine of Rs. 520/- each under Section 201, IPC.

(3.) A spine-chilling story in real life was depicted in this criminal appeal as unfolded by the prosecution wherein two appellants namely Shri Tilok Panika and Smti Durgi Panika, the wife of the informant PW 1, Gandhi Panika and the mother of the helpless victim, had caused death to Boby Panika (hereinafter referred to as, 'the deceased') as the said innocent minor girl of 6 years saw the sinful act of sexual intercourse of her mother, the appellant No. 2 with another person i.e. appellant No. 1, Shri Tilok Panika on the ill-fated day.