MAJIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused Majidul Islam @ Majedul has preferred this appeal from jail challenging the judgment and order dated 10.03.2015 passed by learned Sessions Judge, Barpeta in Sessions Case No. 187/2013, corresponding to G.R. Case No. 102/2013, arising out of Sarbhog Police Station (District-Barpeta) Case No. 09/2013 whereby he has been convicted under Sections 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for Life with payment of fine of Rs. 10,000/-, in default to undergo Rigorous Imprisonment for one year, for committing murder of Mridul Roy.

(2.) The prosecution's case, as it emerges From the First Information Report of the case (Exhibit-5) is that one Rabin Das (PW.5) on 11.01.2013 around 11:00 am lodged a written ejahar before the Officer-in-Charge of Sarbhog Police Station stating that on the previous day, i.e. on 10.01.2013, around 04:00 P.M., while his nephew Mridul Roy was working in a motor garage at Kharichala Village, the accused Majidul Islam came there and without uttering any word, hit him on his head with a piece of wood, injuring him grievously. Injured Mridul Roy was immediately taken to FRU, Barpeta Road for his treatment and from there he was referred to Fakhruddin Ali Ahmed Medical College & Hospital, Barpeta (FAAMCH, in short), Barpeta, wherein the said victim died during his treatment. In the said ejahar, it was also informed that the accused was arrested by the witnesses and handed over to police and by the said ejahar the informant requested the police to take necessary action in that regard. Said FIR of Rabin Das (PW.5) was registered as Sarbhog Police Station Case No. 09/2013 under Section 302 IPC, corresponding to G.R. Case No. 102/2013.

(3.) It is to be noted herein that prior to the filing of the FIR of the case, one Dr. M. Ahmed, Casualty Medical Officer of FAAMCH, Barpeta on 10.01.2013 around 10:25 pm by a written application informed the Officer-in-Charge of Barpeta Police Station that the patient Mridul Roy with history of alleged assault expired in the Emergency Department of the said hospital and requested the authority concerned to take necessary action. Said information was registered as Barpeta Police Station G.D. Entry No. 385 dated 10.01.2013. Police personnel from Barpeta Police Station visited said FAAMCH on 11.01.2013, made inquest on the person of the deceased Mridul Roy in presence of witnesses, including his brother and sister-in-law, prepared the inquest report (Exhibit-6), forwarded his dead body to the Barpeta Civil Hospital, Kalgachia for its post-mortem examination, preparing necessary challan and on completion of post-mortem examination, the dead body was handed over to the relatives of the said deceased.