JAHIDUL SIKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Jahidul Sikdar had been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life vide judgment date 10-6-82 passed by the Sessions Judge, Goalpara at Dhubri in Sessions Case No. 52(k) of 1981.

(2.) The deceased Abdul Mannaf in injured state lodged the First Information Report Ext. 1 at Bijni Police Station on 27-2-1980 at about 10.15 p.m. The Officer-in-Charge of the Police Station recorded the information as reported by the injured and took his thumb impression. It was stated that at about 9.30 p.m. Mannaf was returning with Jahidul from Cinema show, but all of a sudden Jahidul stabbed Mannai on the chest and belly with a dagger over the bridge of Dulari river. From the Police Station injured Mannaf was taken to Bijni State Dispensary and he was given firstaid. Dr. Munindara Nath Das recorded the dying declaration of Mannaf in that night and referred him to Barpeta Civil Hospital where he died in that night. So, the prosecution case was that accusedJahidul caused death of Mannaf by stabbing with a dagger in the night of 27-2-80.

(3.) Accused Jahidul faced trial for the charge under Section 302 of Indian Penal Code pleading not guilty. Prosecution had examined six witnesses, and defence examined two witnesses. Trial Court convicted him for the offence of murder.