20 jailed for life in 2018 Assam lynching case

ASpecial margaret court in Assam’s Nagaon on fri sentenced 20 accused to strict internment for lifetime in connection with a mob lynching incident in 2018 in Karbi Anglong district that killed two men.District and sessions judge Dibyajyoti Mahanta, while pronouncing the judgment, said the court found that the 20 accused committed the crime and that “their intention was evident as they had brutally assaulted the two youths till their death.”However, the court refused the prosecution’s appeal for the death penalty, stating that the case does not fall under the category of the “rarest of rare”.“Having held thus, the only punishment that can be imposed by this court is life imprisonment with fine for the offence u/s 302/149 IPC… to suffer rigorous imprisonment for life, and a fine of ₹20,000 (Rupees Twenty Thousand) only each,” the order read.The family members of the victims expressed dissatisfaction over the intensity of the punishment and said that the accused deserved the death penalty. “We are not saying life for life, but the punishment should justify the intensity of the crime,” said Gopal Das, father of Nilotpal.On April 20, the court had convicted 20 accused in the 2018 mob lynching case, in which engineering graduate Abhijit Nath (29) and musician Nilotpal Das (30), were killed in Karbi Anglong district after rumours spread that they were child abductors.According to police, the incident took place in the Dokmoka area on June 8, 2018, when the two men from Guwahati — Abhijit Nath (30), an engineering graduate and businessman, and Nilotpal Das (29), a musician — had travelled to Karbi Anglong for fishing and were returning. Following the spread of rumours, an armed mob intercepted the vehicle the two men were travelling in, dragged them out, and assaulted them to death.Assam Police had arrested 48 people, including three juveniles. A charge sheet was subsequently filed against 45 of the accused, while the juveniles were dealt with separately under the juvenile justice system. The final charge sheet in the case was submitted in 2024.“The mob, armed with sticks, sharp weapons and makeshift weapons, intercepted the vehicle, dragged the two youths out and assaulted them. Both died on the spot as per police records,” said senior advocate Ziaul Kamar, the public prosecutor in the case. On April 20, the court had acquitted 25 adults for lack of evidence.As per the order copy, the convicted persons were identified as Biswaram Swargiary, Dhono Mech, Dipjyoti Basumatary, Pantheng Basumatary, Babu Rongpi, Busu Rongpi, Anes Timung, Bidyasing Rongpi, Rupsing Kro, Incsen Engti alias Sikdari or Sikari Rongpi, Alphajuz Timung, Bikram Hanse, Mensing Kro, Raikom Timung, Babu Singh Kro, Phukan Lekthe, Pres Timung, Ratneswar Terang, Onda Mech alias Jarna Mech and Wares Rongpi.“All of them were involved and we demanded the death penalty for them because they killed two innocent youths without showing mercy,” Kamar said, adding that they are not satisfied with the punishment and it will be challenged before a higher court.Advocate Manas Sarania, who appeared for the defence, said that they will challenge the order in the Gauhati high court. He said that the evidence presented during the trial failed to establish that the accused committed murder.“They can be held at most under Section 304 (2) (culpable homicide) of IPC but not 302 (murder). There was no evidence to prove it,” he told HT.The case was registered under Sections 302 (murder), 143 (unlawful assembly), 147 (rioting), 149 (unlawful assembly), 186 (obstructing a public servant in discharge of duty), and 332 (voluntarily causing hurt to deter a public servant from duty) of the Indian Penal Code (IPC).The trial, which initially began in Diphu in Karbi Anglong district, was later transferred to the Nagaon sessions Court following a directive of the Gauhati high court.Sarania said that 28 accused, including three minors, were acquitted because there was no evidence against them and similarly the 20 convicts did not deserve life sentences.“They can be sentenced for a maximum of 10 years under Section 304 (2) and they have already served imprisonment for nearly eight years. We will challenge this order in the high court,” he added.The family members said that the eight-year delay in pronouncing the judgment was the reason that 25 accused were acquitted and this will also be challenged in a higher court.