State lets murder case accused get away with six years jail

New Delhi, Jan 14 (UNI) Both the Supreme Court and the High Court agreed that the accused were guilty of an offence of murder but let them get away with six years'jail term as state did not file an appeal against the trial court judgment.

The deceased Rehamat Ali was killed by the accused persons namely Manik Keot,Brijnath Kurmi and Jaharlal Kurmi and his body was packed in a gunny bag and thrown into a river on June 8,1991.

The trial court convicted the accused for an offence under section 304 Part-II and sentenced them to six years' rigorous imprisonment with a fine of Rs. 2000 each.

The Gauhati High Court dismissed the appeal of the convicts on April 2,2005.

The appellants Champalal Bhor and Brijnath Kurmi died during the pendency of the appeal.

A bench comprising Justices A K Mathur and G P Mathur in judgment dated January 8 while upholding the judgments of the trial court and the high court observed,"Having regard to the facts and circumstances of the case the view taken by the trial court convicting accused appellants under section 304(II) read with section 149 can not be said to be bad. The high court has rightly observed that it was a case under section 302 IPC but since there was no appeal preferred by the state, therefore, high court did not interfere with the conviction of the appellants be that as it may , we are satisfied that the ld. single judge as well as the trial court has correctly appreciated the testimony of the witnesses and there is no ground to interfere in these appeals consequently, the appeals are dismissed." The apex court dismissing the appeals of Manik Keot, Sheo Parsad Bhor and Jaharlal Bhor said,"We have perused the statements made by the witnesses, it is clear that some took part in the assault while others actively assisted them. When charge under section 149 IPC is there it is not necessary that each on e of them should be assigned independent part in the beating. If it is found that one of them was a member of unlawful assembly and that unlawful assembly assaulted the deceased, then all who were members of the unlawful assembly , can be held liable." UNI