MD. ATAUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant who had been charged along with 5 others, inter alia, for the offence of murder and criminal conspiracy therefor having been convicted by the learned trial Court under Sections 302/201 Penal Code is before this Court seeking redress. By the impugned judgment and order, on his conviction as above, he has been sentenced to suffer imprisonment for life and to pay a fine of Rs. 5000.00, in default, to suffer imprisonment for another 90 days for the offence under Sec. 302 Penal Code. vis-a-vis the offence under Sec. 201 Penal Code he has been ordered to undergo imprisonment for four years and to pay a fine of Rs. 500.00, in default, to suffer imprisonment for further 30 days. Both the sentences were, however, directed to run concurrently.

(2.) We have heard Mr. F.K.R. Ahmed, learned counsel for the appellant, and Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam.

(3.) An F.I.R. was lodged with the Officer-in-Charge, Hojai Police Station, on 20.05.1998 by PW 1, Sushil Debnath, father of the deceased Krishna Gopal Debnath mentioning that the latter had been, on the previous day i.e. 19.5.98 at 7.50 P.M., kidnapped by two unidentified youth at the point of a pistol from the front of his (informant) shop Radhabinod located in the old market area in Krishnanagar, Hojai. Hojai P.S. Case No. 97/1998 under Sec. 365 Penal Code was registered and investigation was initiated, on the completion whereof, charge-sheet was submitted against 13 accused persons. Eventually, the learned trial Court framed charges against six persons including the present appellant. He having been charged under Sections 109, 120B, 201, 302, 364 and 365 Penal Code denied the same. The prosecution, at the trial that followed, examined 22 witnesses including the doctor, who had performed the post mortem examination on the dead body, as well as the investigating officer. Other witnesses were also examined in support of the fact that due to the unaccounted absence of the accused persons at the trial, warrant of proclamation had to be issued to be served on them. The evidence of these witnesses, however, does not have any bearing on the charge and therefore would not be referred to for the purpose of the instant appeal. At the completion of examination of the witnesses, the accused persons were examined under Sec. 313 Crimial P.C. in which they stood by their denial to the charges. The learned trial Court, however, on the basis of the evidence on record while convicting the accused/appellant as above, acquitted the co-accused.