A special court in Assam’s Nagaon on Monday convicted 20 accused of the 2018 execution of a businessman and musician in Karbi Anglong over rumors that they were child kidnappers.
A mob, carrying sticks and sharp weapons, intercepted the car carrying Abhijit Nath and Nilopal Das, dragged them out, assaulted them, and killed them on the spot. The two were on their way to catch exotic fish when rumors of child kidnappers’ activity in the area sparked panic. The lynching sparked nationwide outrage.
The Assam Police arrested 45 people and arrested three juveniles in the case. An indictment was filed against 45 adult defendants. The trial was transferred from Karbi Anglong to Nagaon on the directions of the Gauhati High Court.
The Nagaon court acquitted 25 accused due to lack of evidence. The amount of punishment for 20 convicts is scheduled to be announced on April 24. 12 witnesses were questioned during the trial, and eight of them turned hostile, claiming that they had been exposed to education and pressure. The defense relied on contradictions to challenge the prosecution’s case.
The prosecution confirmed that the statements recorded under Article 164 of the Code of Criminal Procedure before the judge remain valid evidence. The court accepted this argument. She said that the previous statements of witnesses could not be ignored simply because of their later hostility.
Special Public Prosecutor Zia Qamar said the court convicted the accused under Sections 302 (murder), 143 (unlawful assembly), 147 (rioting), 149 (unlawful assembly), 186 (obstructing a public servant in the performance of his duty) and 332 (voluntarily causing hurt to deter a public servant from discharging his duty) of the Indian Penal Code (IPC).
Qamar said that under Article 302 of the Islamic Penal Code, the punishment ranges from life imprisonment to the death penalty, and the prosecution hopes to issue a strict sentence.
The defense argued that the incident occurred in an atmosphere of panic caused by rumours, and questioned aspects of witness statements and investigative procedures.
