MOTLEB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed challenging the legality and validity of the judgment and order dated 25.11.2008 passed by the learned Sessions Judge, Kokrajhar in Sessions Case No. 69 of 2006 convicting the appellant under Section 302 IPC and sentencing him thereby to undergo rigorous imprisonment for life and also to pay a fine of Rs.5,000/-, in default, further rigorous imprisonment of six months.

(2.) The facts which led to trial of the accused-appellant are as follows:- On 01.11.2004, Md. Hakimuddin visited the house of Karim Ali for 2/3 times looking for him. He told Karim's wife that Md. Naser Ali and Md. Azir Ali had wanted to see him. Around 7.00 P.M., Karim went to Md. Aaiz Ali's house on social visit where accused Motleb Ali, in collaboration of accused Hakimuddin, Nazir Ali and Azir Ali stuck multiple 'khukri' blows causing death of Karim Ali. Aaiz Ali and his wife saw the incident. Md. Jamal Seikh , VDP Secretary of the Village lodged information to the Officer-in-Charge of Kokrajhar Police Station. The information so received was entered in General diary. On the basis of G.D. entry, police set in motion and visited the place of occurrence. Inquest on the dead body was held by Executive Magistrate and the dead body was sent for post mortem examination. On 02.11.2004, Md. Gaziur Rahaman, brother of the deceased lodged a formal written ejahar and on the basis of the said ejahar, police registered Kokrajhar P. S. Case No. 239/2004 under Section 302/34 IPC. Accused Motleb Ali was found absconding. On completion of investigation, police submitted charge sheet under Section 302/34 IPC against the accused Motleb Ali, Hakimuddin, Nasiruddin and Aziz Ali Seikh.

(3.) The accused persons namely, Hakimu-ddin Sheikh, Nasiruddin Sheikh and Motleb Ali faced the trial and pleaded not guilty to the charge framed against them under Section 302/34 IPC. The accused Azad Ali Sheikh was declared absconder.