MD. ABDUL SALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Sarma, learned Amicus Curiae for the accused-appellant and Ms. D. Bhuyan, learned Additional Public Prosecutor for the State respondent.

(2.) This jail appeal is directed against the judgment and order dated 26.02.2018 passed in Sessions Case no. 191/2013 by the learned Additional Sessions Judge (FTC), Hojai, whereby the accused-appellant was convicted under Section 302, Indian Penal Code (IPC) and sentenced to rigorous imprisonment for life and fine of Rs. 10,000/- with default stipulation.

(3.) The prosecution case unfolded during the trial, in brief, is that on 30.06.2006, the younger sister of the informant came home at about 10-30 o'clock at night with grievous injuries on her body. On being asked by the informant (P.W.1), the deceased told that the accused-appellant, who happened to be the 'Imam' of the Mosque, inflicted the injury. The victim succumbed to the injuries, immediately after disclosing about the assailant. The FIR (Ext.1) was lodged by P.W.1, Abdul Wajid, on the basis of which the police registered Murajhar Police Station Case no. 78/2006 under Section 302, IPC. During investigation, police visited the place of occurrence, seized some incriminating materials, recorded statements of the witnesses, sent the body for postmortem and on completion of investigation, laid charge sheet against the accused-appellant.