MD NASIRUDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Learned Sr. counsel Mr. HRA Choudhury, assisted by Mr. Azad Ahmed, Advocate for the appellants and learned Addl. P.P., B. Bhuyan for the State as well as learned Counsel Ms. M. Bora for the informant were heard.

(2.) This appeal is directed against the judgment and order dated 16-12-2018 rendered by the learned Addl. Sessions Judge, Tinsukia at Margherita, in Sessions Case No. 226(M)/2015, whereby the appellants were convicted u/s 376/302 IPC and sentenced to rigorous imprisonment for life and to pay fine of Rs. 10,000/- with default stipulation on each count.

(3.) The prosecution case as unfolded at the trial, may, in brief, be stated thus:- The victim was the sister of the informant (PW-3). On 29-08-2015 she was coming home from Margherita. She alighted from the bus at Ledo Burma Camp, at about 2.40 PM, wherefrom she was supposed to come on foot to cross the river Tirap so as to reach home. The victim however, did not reach home and she went missing. Her body was found lying in a jungle in the evening, on the southern side of the embankment of river Tirap. Immediately police was informed over phone and the local people also assembled at the place of occurrence, where the body was found. On the following day i.e., 30-08-2015, a formal FIR was lodged by the brother of the victim, on the basis of which, police registered Margherita PS Case No. 228/2015 u/s 376/302 IPC. During the course of investigation, police arrested few suspects, recorded the statement of the witnesses, subjected the body to post mortem examination, seized various articles including the wearing apparels of the victim as well as of the suspects, collected the blood samples of the accused, sent them for forensic examination, collected the FSL report and upon completion of investigation submitted charge sheet against the appellants u/s 376(g)/302/34 IPC.