STATE OF ASSAM Vs. ATIN GOGOI

JUDGEMENT

(1.) Heard learned Addl. P. P. , Ms. S. Jahan for the appellant and learned counsel Mr. NNB Choudhury for the accused respondent Nos. 2 to 5.

(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, Sivasagar, in Sessions Case No. 120(S-S)/2001, whereby, learned Addl. Sessions Judge acquitted the respondents.

(3.) An FIR was lodged by Bishnu Baruah (PW1) on 04-05-1994, alleging that his sister Binita Baruah (since deceased) left home for Sivasagar Girls' College to appear in examination and thereafter she did not return. On enquiry he came to know that Atin Gogoi, respondent No. 1 had induced her to elope with him. Initially police registered a case being Sivasagar PS Case No. 184/1994 under section 366 IPC. Later on the said Binita Baruah was found dead and her body was recovered at the instance of one Khagen Gogoi, and as such, the penal provisions of Sections 302 and 201 IPC were added. After completion of the investigation, the police submitted charge sheet against the five accused persons, including the appellant u/s 366/302/201 read with section 34 IPC and eventually all of them stood trial.