Itanagar: Eleven years after the sensational abduction and murder of Kerala-born businessman K P Chacko in Arunachal Pradesh, the district court at Yupia has sentenced four men to life imprisonment while acquitting two others for want of sufficient evidence.
District and Sessions Judge Dr Hirendra Kashyap convicted Rocky Basumatary, Manoj Phukon, Daya alias Gunda Basumatary and Krishna alias Muna Boro for criminal conspiracy, kidnapping for ransom, murder and dacoity, among other charges, under various provisions of the Indian Penal Code.
They were each awarded life imprisonment along with fines, the sentences to run concurrently. The court acquitted co-accused Bhaity Kutum and Aman alias Amit Doley after extending them the benefit of doubt, holding that their involvement in the crime was not established beyond reasonable doubt
The crime
According to the prosecution, Chacko, 56, who ran bakery, sanitaryware and construction-related businesses in Naharlagun, was forcibly abducted on August 28, 2014, by a gang of armed men who stormed his rented residence at Nguri Building near Helipad Road.
He was shot when he resisted, dragged into a vehicle and driven away. His employee, Binoj Philip, was also abducted and forced to reveal Chacko’s whereabouts. A week later, his decomposed body, with his hands and legs tied, was discovered inside a dense forest in Chiputa area under Doimukh police station. His Bolero vehicle was found abandoned at Jampa Top.
Investigation and trial
The investigation relied on CCTV footage from Nguri Building, call detail records of seized mobile phones, forensic evidence and the testimony of surviving victim Binoj Philip. The police later revealed that the conspiracy was masterminded by Rocky Basumatary, who had earlier worked as a driver for Chacko’s elder brother and used his knowledge of the family’s business dealings to target the victim.
Several of the accused were repeat offenders with criminal records in Assam, Nagaland and Arunachal Pradesh, and had gathered at a hideout in Jully village to plan the abduction.
The trial, registered as Sessions Case No. 54/2014 arising out of Naharlagun PS Case No.163/2014, lasted over a decade. As many as 28 prosecution witnesses were examined. The long pendency was attributed to the absconding of some accused and multiple trials running in parallel in other states.
Sentencing arguments
During the sentencing hearing, defence counsels argued that the convicts had already spent over 11 years behind bars, that the post-mortem report did not conclusively establish the cause of death, and that the case did not fall in the category of “rarest of rare” warranting capital punishment.
The convicts themselves pleaded for leniency, citing personal losses and repentance. Rocky Basumatary expressed unconditional apology, Munna Boro said he had lost both parents while in custody, Manoj Phukon stated that he had been only 18–19 years old at the time of the offence, while Daya Basumatary admitted guilt and sought an opportunity to reform.
Court’s observations
Rejecting these pleas, the court observed that the crime was executed with pre-planned design and brutality and that the convicts were “veteran criminals” involved in several other serious cases including murder, bank robbery, theft and attacks on police.
“Leaving the victim tied and injured in the jungle to die without any possibility of help reflects the barbarity of the act. Such an offence warrants no mercy,” Judge Kashyap said in his order on sentence.
The sentence
Accordingly, the court sentenced each of the four convicts to life imprisonment under Section 364A of the IPC for kidnapping for ransom, life imprisonment under Section 302 for murder, life imprisonment under Section 396 for dacoity with murder and three years’ imprisonment under Section 347 for wrongful confinement to extort information.
Each of them was also directed to pay fines ranging from Rs 5,000 to Rs 10,000 for the offences, with an additional three months’ simple imprisonment in case of default. The sentences are to run concurrently, and the period already spent in custody — between 10 years and 7 months to nearly 11 years — will be set off against the punishment under Section 428 CrPC.
The convicts were also informed of their right to appeal before the Gauhati High Court.
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