GHANA KANTA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhatacharjee, learned senior counsel assisted by Mr. A.K. Choudhury, learned Counsel for the Appellant. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the judgment and order dated 29.5.2003 passed by Smt. D.D. Devi, learned Ad hoc Additional Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 142/(DMFT) 2001 convicting the Appellant Nos. 1, 2 and 3 under Section 365/34 of the IPC and sentencing them to undergo rigorous imprisonment for 3(three) year and a fine of Rs. 2,000 each and in default payment of fine, a further period of punishment of 1(one) month and sentencing the other accused/Appellants under Section 365/34 of the IPC to undergo rigorous imprisonment for 5(five) years and also a fine of Rs. 2,000 each and in default of payment of fine, a further period of rigorous imprisonment for 6(six) months.

(3.) Briefly stated, the prosecution story, is that one Sri Ankur Nath (deceased), a student of High School, Son of Sri Suren Nath (PW4) was confined on 20.3.1999 in the house of accused Hanshadhar Nath for alleged attempt to commit rape on his daughter. The incident being reported, a village "Bichar" was held. In the said 'Bichar' several villagers were present. But in the first meeting no decision could be taken and as such the deceased Ankumoni @ Ankur Nath was not released. In the next morning, i.e., 21.3.1999 a rumor spread that Ankur fled away from his confinement on the plea to attend call of the nature but he did not return. As Ankur was missing, the remaining part of the 'Bichar' could not be held and as such both the parties started searching for him.