MAJID ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Bijita Sarma, learned Amicus Curiae, appearing for the appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/ respondent No.1. None has appeared for the informant/respondent no.2.

(2.) The instant appeal from jail is directed against the judgement dated 15/05/2018 passed by the Court of learned Additional District and Sessions Judge, Hojai in Sessions Case No. 15(N)/2017, convicting the sole appellant U/Ss 341/302 of the IPC and sentencing him to undergo rigorous imprisonment for life for committing the offence under Section 302 of the IPC and to suffer rigorous imprisonment for one month for the offence committed under Section 341 IPC and also to pay fine of Rs. 20,000/-.

(3.) The prosecution case, in a nutshell, is that on 09/11/2015 at around 3 P.M., Md. Mustafa Ahmed i.e. the deceased was returning home from Doboka after purchasing some goods when he was attacked by the appellant and 4 (four) other companions after intercepting him on the Doboka Pathar Jur Dighal road and killed him by cutting his neck with a sharp weapon. The father of the deceased, viz. Md. Ataur Rahman had lodged an ejahar on 10/11/2015 with the Officer-in-Charge of Doboka Police Station reporting the incident. Based on the aforesaid ejahar, Doboka Police Station case No. 495/2016 was registered under Sections 341/302/34 IPC, where-after, investigation was started. Upon completion of investigation, the Investigating Officer (IO) had submitted Charge sheet against the appellant Md. Mazid Ali on the basis of the materials collected against him. However, the other accused persons were not sent up for trial since no incriminating material could be found against them.