JIARUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 10.10.2018, passed by the learned Additional Sessions Judge, Bilasipara, in Sessions Case No. 170/2014, convicting the accused-appellant and sentencing him to imprisonment for life and a fine of Rs. 20,000/- and in default of payment of fine, further rigorous imprisonment for 1 (one) year for the offence punishable under Section 302 IPC and to undergo rigorous imprisonment for 4 years and to pay a fine of Rs. 5,000/- and in default of payment of fine, rigorous imprisonment for 2 (two) months for offence punishable under Section 201 IPC.

(2.) The fact of the prosecution case is that, on 04.08.2011, the deceased Nur Islam, son of the informant Abdul Mannan (PW1) went missing. At about 8:00 pm on that day, deceased Nur Islam was called and taken out of his house by accused Jiarul in conspiracy with other co-accused named in the FIR. Thereafter, the dead body of the deceased Nur Islam was recovered on 01.09.2011 from a jungle at Kadamtala. On 02.09.2011, the informant lodged the FIR in respect of the occurrence.

(3.) On receipt of the FIR, the Bilasipara Police Station registered a case, being Bilasipara PS Case No. 549/2011 under Sections 302/201 IPC and investigated into it. On completion of the investigation, charge-sheet was laid against the accused persons 1) Rashid Ali, 2) Abdul Haque, 3) Jiarul Haque, 4) Sattar Ali, 5) Nousad Ali, 6) Jamel Sheikh, 7) Gafur Ali and 8) Abdul Baten under Sections 120(B)/341/149/302/201 IPC showing therein Gafur Ali and Abdul Baten as absconders.