MD MUSLEMUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment dated 18.05.05 passed by the learned Sessions Judge, Morigoan in Sessions Case No. 23 of 2005 corresponding to G.R.Case No. 789 of 2002 whereby the appellant was convicted under Section 302 IPC and sentenced to suffer Rigorous imprisonment for life with a fine of Rs. 10,000/-,in default to suffer Rigorous imprisonment for another 5 years.

(2.) THE appellant is accused of committing patricide. THE appellant's younger brother Md. Abu Hanif had lodged the ejahar before the Officer In-charge, Morigoan Police Station on 20.12.2002 stating that at around 8 P.M. the accused had stabbed his father Hafizuddin to death inside the house with a dagger and that he had died on the spot. THE said information was received at the Police Station at 4 P.M. of that day. Accordingly, Moirabari P.S. Case No. 64 of 2002 under Section 448/302 IPC was registered.

(3.) P.W-1 is Abu Hanif who had lodged the ejahar ( Ext. 4 ) on the day of occurrence. While deposing he had stated that his mother (P.W-5) had reported to him that the accused had killed his father with a dagger. He further stated that as was reported to him there was a quarrel between the accused and his younger brother and that the police seized the blood stained dagger and the blood stained Ganji of his father . P.W-1 also stated that the accused did not live with him and his father who lived together along with some others members of the family.