NAZIR HUSSAIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 20.11.2014, passed by the learned Sessions Judge, Silchar, Cachar, in Sessions Case No. 102/2013. By the said judgment, the learned Sessions Judge convicted the appellant under Section 302/201 IPC and sentenced him to imprisonment for life and fine of Rs. 50,000/- with default stipulation under Section 302 IPC. The appellant was further sentenced to rigorous imprisonment for sevenyears and fine of Rs. 10,000/- with default stipulation under Section 201 IPC.

(2.) Deceased Jayanta Saha was the victim of a ghastly homicidal killing in this case.

(3.) On 09.03.2013, a missing entry was filed by the father of the victim (PW-2) stating that his son Jayanta Saha (victim) after having gone out of the house with his motorcycle did not return home. During next two days after lodging the missing entry on 10.3.2013, mutilated human body parts wrapped in polythene sheets were found in different parts of the city. Upon recovery of the human body parts and articles like finger ring, bracelet etc., parents and family members of the deceased Jayanta Saha identified the body to be of the victim, Jayanta Saha and thereafter the formal FIR (Ext.8) was lodged on 12.03.2013, on the basis of which, police registered Silchar P.S. Case No. 479/2013 under Section 365/392/302/201/341 IPC. Inquest on the body parts were done by the Executive Magistrate. The police also seized some documents from the house of the deceased, which pointed to the financial dealings between accused and the deceased and thereafter following such clue arrested the accused on 12.03.2013. During interrogation, the accused made a disclosure statement regarding concealment of weapons of the offence and other articles of the deceased in his rented house and pursuant to such disclosure statement, police recovered the alleged weapon of offence and other articles from the rented house of the accused and sent some of the articles including alleged weapon of offence for chemical examination. The motorcycle used by the victim was also recovered from the house of the sister of the accused on being led by him.