MASARAF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE Judgment and order dated 23.08.2006, passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 50/04, convicting the accused-appellant under Section 302/326 of the Indian Penal Code (for short hereafter referred to as the IPC) and sentencing him to suffer imprisonment for life and for 5 (five)years respectively and also to pay a fine of Rs.100 for each of the offences, in default to undergo rigorous imprisonment for 1(one) month constitues the subject matter of challenge in the instant appeal. Both the sentences, as the impugned judgment and order would reveal were directed to run concurrently.

(2.) WE have heard Mr. M. Nath, learned Amicus Curiae for the appellant in jail and Mr. Z Kamar, learned Public Prosecutor, Assam.

(3.) A brief narration of the evidence on record is essential to better comprehend the rival submissions. PW 1, Hazi Abdul Khalique, the father-in-law of the accused-appellant and the informant is not an eye-witness. He, amongst others, proved the FIR as Ext.1 and also the seizure of a dao vide Ext.2. He stated that the missing son of the accused appellant, Nazmul Hussain was recovered after 2/3 days, however, after the FIR was lodged.