MONIRUL AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal (J) under Section 374 of Cr. P.C is preferred by the accused/appellant-Monirul Ahmed (in jail) being aggrieved by the Judgment and order dated 20.12.2017 of the Sessions Judge, Chirang, Kajalgaon, whereby the appellant was found guilty for committing offences under Section 302 of Indian Penal Code and was convicted for the said offence. By the said Judgment the Sessions Judge, Chirang, Kajalgaon sentenced the accused person, for the offence committed under Section 302 of Indian Penal Code and sentenced him to undergo Rigorous Imprisonment for Life and to pay a fine of Rs.10,000/- (Rupees ten thousand) only and in default to undergo Simple Imprisonment for 1 (one) year.

(2.) The prosecution case as projected is that on 12.10.2016 the informant-Md. Raham Ali was lodged an FIR stating therein that on 11.10.2016 around 11.30 a.m his daughters, Rezia Khatun and Firoza Khatun went to the Birinchi River to take a bath. While they were bathing, one Monirul Ahmed, the husband of Rezia Khatun armed with a khukuri appeared there all of a sudden and dealt a blow on the left hand of Rezia Khatun. When Firoza Khatun tried to resist him, the accused shoved her down and threatened her that he would cut her if she adduced evidence against him. He dealt 3 (three) more blows to Rezia Khatun on her head. Seeing that Firoza Khatun went to the house of Sri Jagananda Adhikary raising uproar and informed that Rezia Khatun has been assaulted to death with a khukuri by her husband, Monirul. Hearing this, Jagananda went to the bank of the river and on seeing that incident he ran to the house of the informant and informed him. The informant in the FIR stated that Rezia Khatun had been in his house for 1 and months before the incident.

(3.) The said FIR was initially received and registered at Bengtol Out-Post as GDE No. 281 dated 12.10.2016 and thereafter forwarded to Officer-in-Charge, Runikhata Police Station. The same was received and registered as Runikhata Police Station case No. 56/2016 under Section 302 of Indian Penal Code.