VIKRAMJIT KAKATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The present revision has been filed by the revisionist against the order dtd. 21/6/2012 passed by the Additional Sessions Judge (Fast Track Court), Sivasagar, in Sessions Case No. 57(S-S) of 2012, by which the Additional Sessions Judge has rejected the discharge application of the accused and then gone ahead to frame charges against the three accused, including the present revisionist under sec. 302/120(B)/201 IPC. Charge against the present revisionist, however, has only been framed under Sec. 201 IPC i.e., for destroying evidence.

(2.) The material facts of the case are that on 28/4/2009 an FIR was lodged by one Smt. Rajia Islam at the Sivasagar Police Station stating inter alia that her son Lt. Qureshi Sahidul Islam was burnt to death under suspicious circumstances inside his rented house at Sivasagar and although her son was shifted to hospital by his wife and his friend Bikram Kakoti (i.e. present revisionist), her son succumbed to the injuries sustained while on the way to hospital. On receipt of the FIR, a case was registered as Sivasagar P.S. Case No. 198/2009 under sec. 302 IPC. The police after investigation filed charge- sheet under sec. 302/120(B)/201/118 IPC against three accused persons, namely, Smt. Zahida Imdad Islam, i.e. wife of the deceased, Smt. Jahanara Islam (mother of Zahida Imdad Islam) and the present revisionist, along with a list of thirteen witnesses. The only allegation against the present revisionist is that he had, in conspiracy with the other accused persons, removed the evidence of offence from the place where the alleged crime had been committed.

(3.) Two orders were passed by the learned Additional Sessions Judge, Sivasagar. The first order was passed on 21/6/2012 and the second on 17/7/2012. In the first order dtd. 21/6/2012, the learned Additional Sessions Judge, after hearing the learned counsel for the revisionist came to the conclusion that there is prima facie case against him and others and fixed 17/7/2012 for framing of charges and, thereafter, charges were framed against all the accused persons under different Sec. on 17/7/2012. The order dtd. 21/6/2012 reads as under: