SHAH ALAM AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Appellants are aggrieved by their conviction for murder under Section 302 read with Section 34 of the IPC and the consequent sentence of imprisonment for life awarded by the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 51/07, decided on 5.6.2009.

(2.) In our opinion, the conviction is unjustified and accordingly we set it aside.

(3.) A First Information Report was recorded on the basis of a complaint made by Dilowar Hussain in which it was stated that his son Md. Jaimul Haque, aged about 14 years was missing from around 6.00 p.m. on 5.2.2005 when he had gone to the shop of Md. Janes Ali (Appellant No. 2) to buy a matchbox. Despite a frantic search, Jaimul Haque could not be located and at about 11.00 a.m. on 6.2.2005 his dead body was found in an agricultural field at Maralartari Village. Three persons named in the First Information Report, that is, Md. Shah Alam (Appellant No. 1), Md. Janes Ali (Appellant No. 2) and Md. Zeherul Ali (acquitted) were suspected to have killed Jaimul Haque.