CHAND MIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Accused Chand Mia was convicted under Sec. 302 IPC and sentenced to R.I. for life vide judgement dt. 11-1-1984 passed by the learned Sessions Judge Shri Puma Chandra Saikia of Nowgong in Sessions Case No. 91 (N-M) of 1981 arising out of G.R. Case No. 629 of 19/9 under Sec. 302 IPC of Morigaon Court.

(2.) Roisuddin (PW-2) lodged the First Information Report Ext. 1 at about 1 a.m. (midnight) of 2-9-79 stating that in the evening hour at about 6.30 p.m. of 1-9-79, the accused Chand Mia suddenly came out from hiding place near Lecherijan Bridge and caused death of Kitab Ali by giving dagger blows while Kitab Ali was returning from Amlakhi village. Jalaluddin, Abdul Matleb and Md. Kandra were named as witnesses to the occurrences. Case was registered at Mikirbheta Police station and investigated into.

(3.) Dead body of Kitab ali was found lying at the place of occurrence near the bridge on the road, and Shri K. Bhattacharjee S.I. of Police (PW-7) held inquest over the body next morning i.e. on 2-9-79. Ext. 2 was the inquest report. Several cut injuries were seen over head, orbital region, abdomen, both shoulder and other parts of the body and intestines coming out through the cut. Death of Kitab alia at the evening time of 1-9-79 at the place of occurrence as a result of injuries sustained was not disputed. Dr. B.C. Kakoti held post mortem examination at Nowgong Civil Hospital and found the followings:-