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.
The I.O. then arrested the appellant and others named by Jitu on 1.7.1999 itself.
After trial, they were companyvicted and sentenced to death by the Sessions Judge, Dhemaji by his judgment dated 04.03.2002.
On 4.7.1999, the accused, at the instance of the police, recreated the scene of crime in the presence of Shri R. Das, Executive Magistrate who died and companyld number be examined and other villagers viz.
Those other than me were Paramananda, Kanta Pegu, Kanuram Pegu, Ajanti Pegu, Kirtinath Doley and Bhuban Nath.
The postmortem of the body of Keshav revealed that he was strangulated to death.
The High Court analysed the incriminating circumstances against the accused as follows The accused and the deceased were last seen together on 28 6 1999 at about 5 p.m. as stated by prosecution witnesses.
He recovered the dead body of Keshav at the place pointed out by P.W.5 and others.
Chief Judicial Magistrate Dhemaji P.W.22 for recording the companyfessional statement.
The body was sent to Dhemaji Civil Hospital on the same day i.e. 29.6.1999 for postmortem examination.
They Keshab and Rabin were playing.
The appellant further stated that a false statement was given by Jitu Pegu implicating him in the murder.
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.
Rigor mortis was absent.
This appeal has been preferred by Parmananda Pegu only.
The accused were produced before the Addl.
Accused Jitu also took the police and other villagers to the place from where the body of Keshav was recovered.
She stated that her son Robindra and her husbands brothers son by name Keshav who was residing with her, companyld number 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.
The Deputy Superintendent of Police was also present on that occasion.
PWs 17 and 18 witnessed the same.
This was treated as extra judicial companyfession.
The companyfessional 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.
Accused Jitu Pegu fled away to Majuli.
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.
I was the Secretary.
On 28/6/99 I sent for Keshab and Bhaiti Rabin .
The Medical Officer opined that the cause of death was the head injury.
Investigation was then taken up by Sub Inspector of Police P.W.29 .
Both the accused examined themselves as defence witnesses to depose that the companyfession was number voluntarily made and that they were innocent.
The organization started.
Further, according to PW 25, the police also took part in questioning the accused along with the Executive Magistrate.
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.
Eyes bulged out and got damaged.
Confessional statement made by the accused.
Kanta Pegu was the President.
Then I took them to a jamu tree, saying that I would give them Jamu.
The tongue was in a protruded position and mouth was half open.
In the companyrse of examination under Section 313 Cr.
It appears that the other companyvict Jitu Pegu is absconding.
PWs 25, 28 and 29.
Thereafter I came home.
I had engaged Prasanta, Manjit and Harekrishna of our village for the purpose.
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.
On Wednesday I went to Barpamua in Majuli where the police arrested me.
In the morning on 30.6.99 the police arrested me.
The silver chain was identified by PW5 as one worn by Robindra and the same was seized in the presence of PW4 and others.
Recovery of silver chain of deceasedRobindra Taid by PW29 and others from the place where the accused kept silver chain Material Ext.1 which was being worn by the deceased Robindra.
He then companyducted inquest on the dead body of Keshav and prepared a report to which PWs 17 and 18 were signatories.
P.C. the two accused retracted from the companyfession made earlier and took the stand that it was number voluntary and they were tortured and tutored by the police.
However, the other four persons, who were produced, declined to make the companyfession.
I killed Bhaiti by strangling and left the body on the dhap in the bamboo grove.
Thereafter I called Parama Pegu in.
It was then around 5.30.
The Magistrate, after following the due procedure, recorded the companyfession of each of the two accused.
The post mortem of the dead body of Robindra was done by the Senior Medical Officer on 2.7.1999PW23.
Pursuant to the disclosure made by Jitu and on being led by him, PW22 recovered the dead body of Robindra on 01.07.1999 from the mud embankment at a bamboo grove.
He found the dead body in a decomposed state.
Having got information on the next day that he was at village Majuli, PW22 arrested and interrogated him.
On 4.7.1999, Jitu led the I.O. and others to the place where the silver chain of deceased Robindra was hidden.
VENKATARAMA REDDI, J. The appellant Paramananda 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, aged 6 and 10 years respectively on June 28, 1999.
The reason perhaps is that numbere of them heard the accused clearly while they were allegedly narrating the incident to the Executive Magistrate.
