SANIK LAL MUKHIAR Vs. JITU PEGU

JUDGEMENT

(1.) Life seems to have become an expendable commodity in a remote village of Uriamguri Baligaon under Gogamukh Police Out Post under Dhakuakhana PS, where a group of young boys decided to start an organization under the name and style of All Assam Tiger Force. The avowed object of the said organization is not known, but as we know all organizations need money to run the same. The members of the said organization also were in need of money and they decided demanding and collecting ransom as the best way to finance their organization. Accordingly, it was decided to kidnap two minor boys and on the ill fated day, that is, on 28.6.99, while Keshab Taid, son of Bindeswar Taid, aged about 10 years, and Rabindra Taid, son of Bindeswar Taid, aged about 6 years, were playing with their friends, the two accused-appellants Jitu Pegu (A1) and Paramananda Pegu (A2) paid Rs.5/- to Harekrishna Doley to call Rabindra and Keshab and accordingly, the two boys were called to the spot. The accused persons gave them some Jamus and thereafter sent the other boys keeping Rabindra and Keshab by show of force. When the two boys did not return home, the villagers gathered and started search and in spite of search for the entire night the boys could not be traced out. In the next day morning, Padma Nath Doley found the dead body of Keshab under a boat, which was stationed at Mara Subansiri Jan, a small water channel. The dead body of the other boy Rabindra Taid was found tied with a chain in a corner of the rear of the homestead of PW 4. The police was informed and accordingly in presence of an Executive Magistrate, the dead bodies were recovered. The silver chain belonging to Rabindra was produced by the accused Jitu Pegu (A1) and it was seized by police.

(2.) On the basis of the statement of the above boy, the two accused persons were arrested and they were brought to the Court, where judicial confessions under section 164 CrPC (Ext 7 and 8) were recorded by Liakat Ali (PW 22). The two accused-appellants were charge sheeted and the learned Sessions Judge, Dhemaji, framed charge under section 365/302 IPC against the two accused persons in Sessions Case No.50 (DH)/2000 (GR Case No.85/99).

(3.) During trial, the prosecution examined as many as 29 witnesses. The defence examined three witnesses including the two accused persons, whose statements were recorded under section 313 CrPC. On conclusion of the trial, the learned trial Court convicted the two accused-appellants under section 365/302 IPC and sentenced the two accused-appellants to death for the offence under section 302 IPC. No separate sentence was awarded for the offence under section 365 IPC. Hence, the present appeal and the Death Reference, which are heard together and disposed of by this common judgment.