SANGSER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned Counsel, Dr. B. Ahmed appearing for the appellant and learned Addl. Public Prosecutor, Mr. M Phukan for the State/respondent.

(2.) This appeal is directed against the judgment and order dated 11-02-2019 rendered by the learned Sessions Judge, Dhubri, in Sessions Case No. 226/2016, whereby, the appellant Sangser Ali @ Samsher Ali @ Laden was convicted u/s 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000/- in default, to suffer rigorous imprisonment for another six months.

(3.) One Sukur Ali (PW-1) lodged a written report with the Officer-In-Charge of South Salmara Police Station, alleging inter alia, that the appellant Sangser Ali along with seven others came to the house of deceasd Abul Hussain and the appellant Sangsher Ali inflicted a stab injury on the chest of Abul Hussain, thereby caused his death. They also inflicted injury to Nur Islam and Sumar Ali by sharp weapon. Treating the said written report as FIR, police registered South Salmara Police Station Case No. 139/2010 u/s 143/147/148/149/341/326/302 and commenced investigation. In course of the investigation, the I/O recorded the statement of the witnesses u/s 161 CrPC, arranged for treatment of the injured, prepared the inquest report on the body of the deceased, subjected the body to post mortem examination, collected the post mortem report and upon completion of the investigation submitted charge-sheet against the present appellant, Sangser Ali, who eventually stood trial before the learned court of Sessions.