RAMESWAR RABHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.06.2009 passed by the learned Sessions Judge, Lakhimpur in Sessions Case No.53(NL)2001. By the said judgment the learned Sessions Judge convicted the accused/appellant U/S-201 IPC and sentenced him to rigorous imprisonment for 7 (seven) years and to pay fine of Rs.1,000.00 (Rupees one thousand) with default stipulation.

(2.) As per prosecution case, a GD Entry was made with the Lakhimpur Police Station on 01.02.1995 on the basis of a missing entry, to the effect that one Sri Indrajit Singh, after going out from his home in the evening of 31.02.1995, did not return and his vehicle was found abandoned. On the basis of the said GD entry, proved as Exhibit-3, police conducted a preliminary enquiry and after conducting the enquiry a report was submitted that it was a case of kidnapping and treating the said report as FIR, a case was registered as NL P.S. Case No.53/1995, U/S-365 IPC. In course of the investigation, some accused persons including the present appellant were arrested and the dead bodies of the said Indrajit Singh and another person were recovered on the basis of the information received from the arrested accused persons. The confessional statements of the arrested accused persons were also recorded. After completion of investigation charge sheet was laid against 7 (seven) accused persons including the present appellant, out of whom one Nurul Hoque Choudhury died and some of the charge sheeted accused persons absconded. Eventually the trial proceeded against the accused/appellant Rameswar Rabha as well as Pradip Barpatra Gohain, Rafiqul Hussain and Nekibur Rahman.

(3.) Learned sessions Judge framed charges against all the 4 (four) accused persons U/S364(A)/302/34 IPC as well as Section 201/34 IPC to which they pleaded not guilty.