MUKUT MOHAMMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Seldom it is that a man faces trial on the charge of commission of murder, for, having allegedly put to end his own brother's life and that too following a quarrel arising out of a boundary dispule. The present one is one of such cases.

(2.) The appellant has impugned, in this appeal, the judgment and order, dated 20.12.96, passed by the learned Sessions Judge, Sibsagar, in Sessions Case No. 42(S-S)/92, convicting the accused- appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and also to pay a fine of Rs.l000/- and in default, to suffer rigorous imprisonment for six months.

(3.) The case of the prosecution, as unfolded at the trial, may, in brief, be stated thus: on 18.02.92, at about 11 a.m., appellant, Mukut Mohammed, appeared at Nazira Police Station and informed Sub-Inspector Ghana Kanta Bora that some quarrel had taken place among his four brothers, but he was not aware as to which one of them had died. Based on this oral information, G.D. Entry No. 431, dated 18.02.92 (i.e. Ext-4) was made and keeping the appellant at the police station for interrogation, S.I. Bora came to the house of deceased Hassan Ali at Namotigaon and found Hassan Ali lying dead at the backside verandah of his house with injuries on his body. Inquest was held over the said dead body and inquest report (Ext. 5) was prepared. A written ejahar (Ext. 1) was, then, formally handed over to S.I. Bora by Rose Mohammed, one of the brothers of the accused, alleging, inter alia, that on 18.02.92, at about 9.30 a.m., appellant had killed Hassan Ali by hacking him with a dao, while the latter was working at his house, and, then, fled away. Treating this ejahar as First Information Report, Nazira P.S. Case No. 24/92 under Section 302 IPC was registered, postmortem examination was conducted on the said dead body and post-mortem report (Ext. 3) was prepared. On completion of investigation, police laid charge sheet against the appellant under Section 302 IPC.