SAHAB UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A M Barbhuya, learned counsel for the appellant and Ms. S Jahan, learned Additional Public Prosecutor for the State.

(2.) An Ejahar dtd. 27/1/2016 was lodged by Amrul Islam Laskar before the Officer-in-Charge of Hilakandi Police Station inter alia alleging that at about 8 am on 27/1/2016, when his father went out from the house to pull his rickshaw, and when he as a auto rickshaw driver was in the stand near the SS College, was informed by another auto-rickshaw driver that a dead body of a rickshaw puller was lying near the bypass of NH 158. When the informant went to the place of occurrence he saw that the dead body belonged to his father and the time was 11 am in the morning. In the Ejahar the informant stated that his father had solemnized second marriage but about a year back the accessed named therein Sahab Uddin Laskar had taken away the second wife of his father and when his father wanted to bring back his second wife, the person accused did not release her and rather threatened to kill his father at any moment. He further stated that at about 10 am on 27/1/2016, on being instigated by the named accused no. 2, namely, Rushna Begum Laskar, i.e. the second wife of the deceased, the accused No. 1 Sahab Uddin Laskar had inflicted fatal injuries on the nape, right hand and left cheek of his father. Upon the Ejahar being lodged, Haila-kandi P.S. Case No. 52/2016 was registered under Ss. 302/34 of the IPC. Upon completion of investigation, the charge-sheet No. 148/2016 dtd. 25/6/2016 was submitted before the learned Chief Judicial Magistrate, Hailakandi. Upon being committed to the Court of Sessions, the following charges were framed against the accused appellant Sahab Uddin Laskar and Rushna Begum Laskar @ Ruksana Begum which is extracted as below:

(3.) A reading of the charge framed against the appellant goes to show that he was charged of having committed the offence punishable under Ss. 302/34 of the IPC inasmuch as on 27/1/2016 at 10 am Gangpar Dhumkar Pt. IV on N.H. No. 154, in furtherance of their common intention had committed murder by intentionally causing the death of Abdul Jalil Laskar.