ABDUL HAKIM QUADRI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Having been convicted for the offence of murder and criminal trespass the convict is challenging the judgment and order dated 23.11.2004, passed by the learned Addl. Sessions Judge (adhoc) Kamrup, Guwahati, in Sessions Case No. 51 (K) of 2004. By the impugned judgment the trial court has convicted the appellant under Sections 302 and 448 of the Indian Penal Code ('IPC' in short) and he has been sentenced to undergo Imprisonment for Life and 1 (one) year rigorous imprisonment with fine and default sentence for the respective offences. Both the sentences are directed to run concurrently. Although the accused was also charged under section 354 IPC but the accused has been acquitted from the said charge.

(2.) We have heard Shri B.K. Singh, learned Amicus Curiae for the appellant and Shri D.Das, learned Addl. Public Prosecutor for the State of Assam. We have also gone through the impugned judgment and evidence proffered by the prosecution during the trial. While cross-examining prosecution witnesses and also giving statement under Section 313 of the Code of Criminal Procedure (briefly 'CrPC') the accused neither put forward any defence alibi nor any evidence in defence was tendered.

(3.) Before venturing into the appreciation of evidence and the arguments of both the sides it would be proper to give a bird's eye view upon the prosecution story, which runs as follows :-