P. Venkatarama Reddi, J. - (1.) The appellant Parmananda Pegu along with Jitu Pegu were charged under Sections 365 and 302 IPC for abducting and killing two minor boys, namely, Robindra Taid and Keshav Taid, 6 and 10 years respectively on June, 28, 1999. After trial, they were convicted and sentenced to death by the Sessions Judge, Dhemaji by his judgment dated 4-3-2002. On appeal the High Court confirmed the conviction and sentence. This appeal has been preferred by Parmananda Pegu only. It appears that the other convict Jitu Pegu is absconding. As per the prosecution case, the victim boys were initially kidnapped/abducted with a view to demand ransom from their relatives but when the accused suspected that the villagers were approaching in search of the boys, the accused decided to kill them.
(2.) The genesis of the case began with a report which was lodged with Gogamukh Police Post on the morning of June, 29, 1999 by Basanti Taid (P.W.5), the mother of Robindra. She stated that her son Robindra and her husbands brothers son by name Keshav who was residing with her, could not be traced since 5.30 P.M. of the previous day despite a search made and that on the morning of the following day, the dead body of Keshav was found in a stream beneath a damaged boat but her son Robindra was still untraceable. Investigation was then taken up by Sub-Inspector of Police (P.W.29). He recovered the dead body of Keshav at the place pointed out by P.W.5 and others. He then conducted inquest on the dead body of Keshav and prepared a report to which PWs 17 and 18 were signatories. The body was sent to Dhemaji Civil Hospital on the same day i.e. 29-6-1999 for postmortem examination. The postmortem of the body of Keshav revealed that he was strangulated to death.
(3.) The prosecution case then runs as follows: By interrogating the friends of the victim boys who were playing with them in the evening of 28th June, 1999, the I.O. suspected Jitu, who by then left the village Baligaon. Having got information on the next day that he was at village Majuli, PW22 arrested and interrogated him. Jitu narrated that he, the appellant Parmananda and four others formed themselves into a group named as "All Assam Tiger Force" and kidnapped and murdered the boys. The I.O. then arrested the appellant and others named by Jitu on 1-7-1999 itself. Pursuant to the disclosure made by Jitu and on being led by him, PW22 recovered the dead body of Robindra on 1-7-1999 from the mud embankment at a bamboo grove. PWs 17 and 18 witnessed the same. Accused Jitu also took the police and other villagers to the place from where the body of Keshav was recovered. On 4-7-1999, Jitu led the I.O. and others to the place where the silver chain of deceased Robindra was hidden. The silver chain was identified by PW5 as one worn by Robindra and the same was seized in the presence of PW4 and others. On 4-7-1999, the accused, at the instance of the police, recreated the scene of crime in the presence of Shri C.R. Das, Executive Magistrate (who died and could not be examined) and other villagers viz. PWs 25, 28, and 29. This was treated as extra-judicial confession. The post mortem of the dead body of Robindra was done by the Senior Medical Officer on 2-7-1999 - PW23. He found the dead body in a decomposed state. Rigor mortis was absent. Eyes bulged out and got damaged. The tongue was in a protruded position and mouth was half open. There was no vivid wound or bruise over the skin. There was no ligature mark over the body. Due to decomposition simple abrasions could not be found. On internal examination he found fracture in the mid part of the parietal bones and the blood clot on the mid part of the upper surface of the brain. The Medical Officer opined that the cause of death was the head injury. The accused were produced before the Addl. Chief Judicial Magistrate Dhemaji (PW22) for recording the confessional statement. The Magistrate, after following the due procedure, recorded the confession of each of the two accused. However, the other four persons, who were produced, declined to make the confession. The confessional statement of Jitu Pegu is as follows: "As early as in March this year, we, some youths, sat in a meeting in a field to start an organization, "Assam Tiger Force" by name. Those other than me were Paramananda, Kanta Pegu, Kanuram Pegu, Ajanti Pegu, Kirtinath Doley and Bhuban Nath. The organization started. I was the Secretary. Kanta Pegu was the President. That very day we decided at the meeting to kidnap Rebat Khanikars son for ransom. All of us together we tried thrice, but could not kidnap the boy. Later we decided to kidnap Keshab Taid and Rabindra Taid, two minor boys of our village, for ransom. On 28-6-99 I sent for Keshab and Bhaiti (Rabin). I had engaged Prasanta, Manjit and Harekrishna of our village for the purpose. They (Keshab and Rabin) were playing. Then I took them to a jamun tree, saying that I would give them Jamu. It was then around 5.30. I detained Keshab and Rabin against their will and rebuked the rest three away. Keshab and Bhaiti wanted to leave, but I enticed them to stay on. Thereafter I called Parama Pegu in. We sat down there for a while. Then we learnt that the villagers were searching for the boys. Then I and Parama decided to kill the boys. Accordingly we tied Keshabs hands up and gagged him with paddy straw. Then we strangled him to death and threw the body into the nearby water. We then placed a boat on the body in overturned position. Parama took Bhaiti (Rabin) along and strangled him to death not far away. He threw the body to the dhap (a raised ground along a boundary of a yard- as per Translator) in the bamboo grove. Then we left the place. On Wednesday I went to Barpamua in Majuli where the police arrested me." The confessional statement of appellant Parmananda Pegu is a follows: "In March this year I and some youths sat in a meeting in a field to start an organization, Assam Tiger Force by name. The organization was started. I, Ajit Pegu, Kantaram Pegu, Mahananda Pegu, Kirtinath Doley and Sadananada Pegu were there in the organization. Jitu pegu, was the Secretary of the organization. Kanta Pegu was the President. In that meeting we decided ot kidnap Rebat Khanikars son for ransom. We tried thrice to kidnap that boy, but failed. Then we decided that we would kidnap Keshab and Rabin alias Bhaiti of our village for a ransom. Accordingly Jitu brought Keshab and Rabin along to a jamu tree. Jitu called me. Reaching there I found Rabin and Keshab there. There we sat down. Leaving them there, we were searching for a place (to hide the boys). But after a little while we heard the noise of a crowd. Then we decided that we would kill the boys. The rest of our organization had not turned up. I took Bhaiti (Rabin) to a bamboo grove to kill him there. Jitu took the older boy, Keshab, to kill. I killed Bhaiti by strangling and left the body on the dhap in the bamboo grove. Thereafter I came home. In the morning on 30-6-99 the police arrested me." ;