AKIBUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 16.08.2018, passed by the learned Sessions Judge, Kamrup, Amingaon, in Sessions Case No. 12/2014 (old No. 190/2010), convicting the accused-appellant and sentencing him to imprisonment for life and to pay a fine of Rs.2,000/- and in default of payment of fine, further rigorous imprisonment for 1 (one) month for the offence punishable under Section 302 IPC.

(2.) The prosecution case, as unfolded during the trial, is that on 6.9.2009 (Sunday), the deceased Fazlul Haque, elder brother of the informant (PW1) had his dinner in the house of PW1. In the next morning, the informant/PW1 came to know from Basiran Nessa (PW10) that her husband/deceased did not return home the previous night. While they were searching for deceased Fazlul Haque, one Jaynal Uddin informed the PW1, on 10.09.2009 (Thursday), that he had seen a dead body in a ditch under the jute stacks which was kept soaked for the purpose of retting.Then,accompanied by his brothers and other villagers he went to the place and identified the dead body to be that of his elder brother Fazlul Haque. The deceased was called out from his house at about 8-9 pm on 7.9.2009 by the accused-appellant Akibul Hussain, Fulchan Ali, Rajesh Harijan and Sahjahan Ali and from that day he was missing. After detecting the dead body, PW1 informed the police about the occurrence. PW1 (informant) suspected the aforesaid four persons to have killed his elder brother/deceased.

(3.) On receipt of the FIR on the above facts, the in-charge of Tupamari police outpost forwarded the same to the Nagarbera Police Station. The Nagarbera Police Station registered a case, being Case No. 35/2009 under Sections 302/201 IPC, and its officer-in-charge had taken up the investigation of the case. On the other hand, the in-charge of Tupamari police outpost received information about the detection of a dead body in the E&D Drain at No. 1 Tupamari from one Majibur Rahman prior to the above FIR. This information was entered by the in-charge of the said police outpost in the General Diary vide G.D. Entry 122 dated 10.09.2009 and informed the matter to the officer-in-charge of Nagarbera Police Station. The in-charge of the said Police outpost, examined as PW17, did the preliminary investigation of the case on the basis of the aforesaid General Diary Entry. He caused the inquest as well as got postmortem of the dead body done, prepared the sketch map and also examined 9 (nine) witnesses, and thereafter, handed over the case diary to the officer-in-charge of the police station. During the preliminary investigation, PW17 also seized some materials vide Ext.2.PW16, another investigating officer, also seized certain materials, vide Ext.4. After completion of the investigation, the investigating officer laid charge-sheet against the accused persons, namely, Akibul Ali and Fulchan under Sections 302/201 IPC.