A Jorhat court on Tuesday handed death penalty to an accused and life terms to 24 others convicted in the Dr Deben Dutta lynching case of 2019.
Delivering his verdict in the “brutal and barbaric” act in a packed court room around 2pm, Jorhat district and sessions judge Robin Phukan handed the death penalty to Sanjay Rajowar, 21.
On October 12, the district and sessions court had convicted 25 of the 36 accused in the case. There were a total of 60 witnesses but only 56 were examined during the trial. An accused died during the trial.
Dutta, 73, senior medical officer of Teok Tea Estate dispensary in Jorhat district was lynched by a mob on August 31, 2019, for allegedly delaying the treatment of worker Somra Majhi. Dutta died while being rushed by police personnel to Jorhat Medical College and Hospital. The mob had allegedly attacked him with sharp weapons during the assault.
The accused were booked under Sections 302, 341, 342, 353, 427, 506, 143, 144, 147, 148, 149, 186 and 109 of the IPC and Section 4 of The Assam Medicare Service Persons and Medicare Service Institutions (Prevention of Violence & Damage to Property) Act, 2011.
Some of the IPC sections deal with murder (302), wrongful confinement (340), rioting (147), assault or criminal force to deter public servant from discharge of his duty (353) and unlawful assembly of people with common objective (149).
Special public prosecutor Durga Prasad Jaiswal said he was satisfied with the ruling because it was rare to secure conviction in a lynching case.
The probe into the case “stood out” for two reasons — the police’s promptness in filing a “foolproof” chargesheet in 22 days and the steps taken for “protection” of witnesses, a first in the country.
The four-member special investigation team headed by Siva Prasad, deputy inspector-general, Eastern Range, comprised V.C. Nimbalkar, Prakash Sonowal and Dipankar Gogoi.
The lynching sparked off a series of street protests and the Indian Medical Association threatening to withdraw doctors from garden hospitals if prompt action was not taken to punish the guilty.
Family members of the victim said the verdict will serve as a deterrent. “We wanted a death penalty. We thank everyone who helped us get justice and stand by the truth. I will light 111 diyas today,” Kristina Duttta, the victim’s daughter, said.
The IMA hailed the verdict because it will create a deterrent for miscreants targeting healthcare institutions and professionals on simple pretexts.
IMA officials Satyajit Borah and Hemanga Baishya thanked the state government, the investigating team and the legal team.
The IMA was also grateful to the court for having “read” out the state medicare service persons and service institutions act while pronouncing the judgment.
The convicted have the option of challenging the verdict in Gauhati High Court. The defence lawyer said had the investigating team taken some more time, the ruling would have been different.
