ABDUL LATIF Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated 4.4.2003 passed by the learned Sessions Judge, Darrang at Mongaldoi in Sessions Case No. 103 (DM)/2000 convicting the Appellant under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay fine of Rs. 5000/-, in default, further rigorous imprisonment for one year.

(2.) One Mokbul Hussain had lodged an ejahar before the Officer in-Charge , Silbori Police outpost on 5.11.99 stating that some assailants had entered into the house of his elder brother's son Md. Azizul Hoque by opening the door at around 11.30 p.m. on 4.11.99 and killed him by cutting his throat with sharp knife while asleep. Accordingly, Silbori police outpost G.D. Entry No. 56 dated 5.11.99 was made at 6.30 a.m. and the same was forwarded to the Officer-In-charge, Dalgoan Police Station whereupon Dolgoan P.S. Case No. 231/99 under Section 302 I.P.C was registered.

(3.) The Investigating Officer investigated the offence and on completion of investigation and finding materials against the accused/ Appellant, submitted charge sheet under Section 448/302 IPC.