MD. SAHID KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Bhuyan, learned counsel appearing for the sole appellant. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No. 1. None has appeared for the informant/respondent No. 2.

(2.) By filing the instant appeal, the judgment and order dtd. 24/9/2018 passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No. 201/2012 convicting the sole appellant under Sec. 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00, in default, to undergo simple imprisonment for a period of three months, has been challenged primarily on the ground that there is no evidence available on record so as to sustain the conviction of the appellant in this case.

(3.) The prosecution case, in a nutshell, is that on 3/9/2011, at about 5.50 p.m. the appellant Sahid Khan had beheaded Junglee @ Bijay Mahato by hacking him with a dao in front of hotel Annapurna at Bamunbari Tiniali and thereafter, was seen to be roaming around with the severed head of the deceased. On 3/9/2011 itself, at about 5.55 p.m., a police personnel named Sri Nripen Bora had called up Sri Jyoti Lahon, the Officer-in-Charge of Bamunbari Police Outpost and informed him about the incident. Upon receipt of the aforesaid information, General Diary Entry No. 46 dtd. 3/9/2011 was made whereafter, the police had rushed to the place of occurrence. Upon arrival at the place of occurrence, the Sub-Inspector Jyoti Lahon had recovered the dead body as well as the severed head of the deceased from the accused person. On 4/9/2011, the sister of the deceased viz. Hiramoni Mahato had lodged an F.I.R. before the Officer-in-Charge of Bamunbari Police Outpost which was forwarded to the Officer-in-Charge of Moran Police Station. Based on the F.I.R. dtd. 4/9/2011, Moran P.S. Case No. 128/2011 was registered under Sec. 302 of the IPC and the matter was taken up for investigation.