VIKRAMJIT KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal is directed against the order passed by the High Court of Gauhati dtd. 3/12/2021 declining to interfere with the order passed by the Additional Sessions Judge (Fast Track Court), Sivasagar, in Sessions Case No.57(S-S) of 2012, rejecting the discharge application filed by the appellant under Sec. 227 Cr.P.C.

(3.) The seminal facts relevant for the purpose are that on 28/4/2009, an FIR was lodged by one Smt. Rajia Islam (mother of the deceased) at Sivasagar Police Station stating, inter alia, that her son Lt. Qureshi Sahidul Islam was burnt to death under suspicious circumstances inside his rented house at Sivasagar by his wife and the present appellant. Her son succumbed to the injuries sustained by him while on the way to hospital. On receipt of the complaint, an FIR was registered at Sivasagar P.S. Case No.198/2009, under Sec. 302 IPC. The police filed charge-sheet under Ss. 302/120-B/201/118 IPC against three persons namely Smt. Zahida Imdad Islam (wife of the deceased), Smt. Jahanara Islam (mother of Zahida Imdad Islam) and the present appellant, along with a list of thirteen witnesses. The only allegation levelled against the present appellant was that he had, in conspiracy with other accused persons, removed the evidence of offence from the place where the alleged crime had been committed.