KHAJAL UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned counsel for the appellant and Ms. B. Bhuyan, learned Addl. P.P., Assam for the respondent State.

(2.) The challenge in this appeal is to the judgment and order dated 10.02.2020 passed by the learned Additional Sessions Judge, Hojai, Sankardev Nagar, in Sessions Case No. 35/2018. By the said judgment, the learned Sessions Judge convicted the appellant under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/-, in default, to suffer simple imprisonment for six months.

(3.) The prosecution case, as unfolded from the record is that on 27.05.2018, at about 4 PM, the appellant armed with a dao trespassed into the campus of Saleha Khatun (since deceased), hurled abuses at her and engaged in altercation. In course of such altercation and hurling abuses, the appellant hit Saleha Khatun from back side, causing her instantaneous death. Noor Mohammed, the younger brother of the victim lodged a report with the officer-in-incharge of Odali Tiniali Police Out Post, which in turn was forwarded to Lanka Police Station for registering a case. Treating the said report lodged by the informant Noor Mohammed as FIR, the officer-in-charge of Lanka Police Station, registered Lanka P.S. Case No. 281/2018 under Section 447/302 IPC and upon completion of investigation submitted charge sheet against the present appellant, who eventually stood trial before the Court of Session.