Guwahati: The CBI on Monday challenged the acquittal of businessman Bhagya Kalita in the Karobi-Dubori murder case in Gauhati High Court.
A source said CBI counsel S.C. Kayal had filed an appeal in the high court against last year's order of the court of additional sessions judge here acquitting Kalita and his driver Md Fatiur Ali in the twin murder case.
Karobi Das, 32, and her 10-year-old daughter Chandrani Dharitri (Dubori), were shot dead at their rented house in Ambari here around 10pm on July 31, 1995.
The CBI filed the appeal in the high court as it was of the opinion that there was sufficient material for conviction of the two accused.
The murder case was initially registered at Latasil police station, but the investigation was handed over to the CBI in accordance with a Gauhati High Court order in November 1995.
The CBI, after investigating the case, filed a chargesheet on October 7, 1998 against Kalita, his driver Ali and an absconding accused Bhupen Medhi, a surrendered Ulfa member.
The court of additional sessions judge-2, Kamrup (metro), S.K. Dhar, in his order passed on August 22 last year, said the prosecution had failed to establish and prove charges against the accused persons (Kalita and Ali). "Hence the accused persons are not found guilty and they stand acquitted," the judge had said.
Following acquittal of the accused, Karobi's familyregretted that the central investigating agency had failed to identify and punish the killers.
Karobi's six-year-old son, Angshuman, when examined by the prosecution, said two persons had shot dead his mother and sister.
He said the attackers also shot at him, but he saved himself by hiding under a dining table.
When the police recorded his statement under Section 164 CrPC, Angshuman had said one of the assailants was the security guard of Bhagya mama (Kalita), but could not name him.
However, during his examination by the prosecution, Angshuman said he was unable to recognise any of the assailants. A CBI source said Angshuman could have referred to Medhi who used to accompany Kalita as the "security guard".
