MD. ZAKARIA MAZUMDER Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L. R. Mazumdar, learned counsel appearing for the appellant. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent No.2.

(2.) By the impugned judgment and order dtd. 9/1/2018 passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No.73/2015 the sole appellant Md. Zakaria Mazumdar was convicted under Sec. 302/364 of the I.P.C. for committing murder of Smt. Rinku Deb and sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.50,000.00, in default, to undergo rigorous imprisonment for one year.

(3.) The prosecution case, in brief, is that on 3/4/2013 the informant Ashok Kumar Ram, accompanied by his wife Rinku Deb was coming from Mizoram to Silchar via Bolphui, in a Tata Sumo bearing Registration No.AS-11AC-4317 which was driven by the accused. While coming towards Silchar, the vehicle suddenly stopped and the accused had asked the informant to push the vehicle. While the informant was pushing the vehicle, his wife was inside the Tata Sumo. The vehicle took start but the accused drove away along with the informant's wife. In this manner, the accused had abducted his wife, committed rape on her and also committed theft of cash amount of Rs.30,000.00 along with other belongings and inflicted injuries upon her and thereafter, dropped her near the Capital Travels, Silchar. Later on, the victim was sent to the Silchar Medical College and Hospital (SMCH) in an 108 ambulance but was later declared dead.