MD RAHAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal under section 374 (2) Criminal Procedure Code is directed against the judgement, order and sentence dated 30.07.2014 passed by the learned Sessions Judge, Kamrup, Amingaon in Sessions Case No. 258 (K A)/2014(New) [50/2007 (Old)], thereby convicting the appellant under section 302/201 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 2000/-, in default to undergo R/I for six months under section 302 IPC and further sentenced to suffer R/I for five years under section 201 IPC and to pay a fine of Rs. 2000/-, in default to undergo R/I for another six months.

(2.) We have heard Mr. K. Kalita, the learned legal aid counsel for the appellant as well as Ms. S. Jahan, learned A.P.P. for the State. The learned legal aid counsel as well as the learned A.P.P. have submitted their respective written notes of argument, which is kept on record.

(3.) The prosecution story, as disclosed in the F.I.R. (Ext.1) lodged by one Kurban Ali (PW-1) is that on getting the information about the missing of Mst. Mamiran Nessa (the second wife of the appellant, hereinafter referred to as the victim), he along with five other persons came to the house of the appellant and that his first wife Anowara (PW-7) informed them that the victim had committed suicide and she was buried near the river. Accordingly, on 06.02.2004 information was given to Tulsibari Police Out-Post, but on that day the police and the Magistrate could not find out the dead body. But, on 07.02.2004, on being shown by the PW-7 and the mother of the appellant (PW-6), the dead body of the victim was dug out from the earth. Accordingly, F.I.R. was lodged by PW-1 at Tulsibari Police Out-Post on 07.02.2004. After completion of investigation, the Investigating Police Officer (I/O for short) submitted charge-sheet against the appellant, Rahman Ali and one Javed Ali (absconder), alleging commission of offence under section 302/201 of the Indian Penal Code. While the case against the applicant was committed to the Court of Sessions, Kamrup, Amingaon, the case against Javed Ali was filed after declaring him as an absconder. Charge framed against the appellant was read over and explained and the appellant pleaded not guilty and claimed to be tried. In course of trial, the prosecution had examined 13 witnesses including the Medical Officer and the I/O. On conclusion of the recording of the prosecution witnesses, the learned trial court recorded the statement of the accused under section 313 CrPC, wherein the appellant pleaded not guilty and declined to reduce any evidence in defence. On conclusion of trial, the applicant was convicted and sentenced as indicated hereinbefore. The learned trial court recorded conviction of the applicant on the basis of circumstantial evidence by arriving at the conclusion that the appellant was in the company of the victim immediately before her death.