STATE OF ASSAM Vs. SAHABUDDIN

JUDGEMENT

(1.) This is an appeal filed by the State under the provisions of S. 378 of the Code of Criminal Procedure and is directed against the judgment and order dated 30-8-1994 passed by the learned Additional Sessions Judge, Sonitpur at Tezpur in Sessions Case No. 36(S)/90 acquitting the accused-respondents from the charge under S. 302/34 of the Indian Penal Code.

(2.) On 25-7-85 at about 5 a.m. P.W. 13 Sri D. D. Bhakta, a practising advocate of Tezpur town lodged a verbal information at the Tezpur Police Station to the effect that one Abdul Wahed, another practising advocate of Tezpur was murdered in his residence at Ex-Police Line, Tezpur by some miscreants. On the basis of the said information, General Diary Entry No. 816 dated 25-7-85 on Tezpur Police Station was recorded and police started investigation. At the place of occurrence, the accused No. 3 Meherun Nigar Begum, wife of the deceased Abdul Wahed, lodged the written ejahar (Ext. 7). It is the further case of the prosecution that at the time of occurrence, the deceased Abdul Wahed was sleeping in his room. The window to the room of the deceased's wife was used as entry point to the house and that the accused Sahabuddin had illicit relationship with the wife of the deceased. The accused Kuddus Ali is the younger brother of the accused Sahabuddin. On the very day of occurrence, one handmade pistol and blood stained clothes were seized from the place of occurrence and on the same day, some documents and other articles were seized from the house of the accused Sahabuddin. It is the further case of the prosecution that as a consequence of the information received from the accused, 12 Nos. of love letters written by Meherun Nigar Begum to the accused Sahabuddin; blood stained clothes worn by accused Sahabuddin and Kuddus and one dagger were recovered by the investigating officer. The police held inquest of the dead body and sent the same for post-mortem examination. The love letters written by the accused No. 1 to Meherun Nigar Begum; the blood stained clothes and the dagger were sent for examination by expert. On completion of investigation, police submitted charge-sheet against the two accused Sahabuddin and Kuddus Ali under S. 302 of the Indian Penal Code read with S. 27 of the Arms Act. It is the further case of the prosecution that at the stage of committal proceeding, the 3rd accused Meherun Nigar Begum was arrayed as an accused in the case under the provisions of S. 319 of the Code of Criminal Procedure, 1973.

(3.) In the Court of Session, charge under S. 302 read with S. 34 of the Indian Penal Code was framed against the all three accused-respondents. The prosecution examined as many as 16 (sixteen) witnesses and exhibited a large number of documents and the allegedly incriminating materials recovered consequent to the information furnished by the accused. The accused persons were examined under S. 313 of the Code of Criminal Procedure. The defence case is one of total denial. At the conclusion of the trial, the learned Sessions Judge by the impugned judgment and order dated 30-8-1994 was pleased to acquit all the accused persons of the charge brought against them. Aggrieved, the State has come in appeal before us.