JALALUDDIN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ahmed and Mr. I.A. Talukdar, learned counsel appearing for the appellants. We have also heard Ms. S. Jahan, learned APP, Assam, who has appeared on behalf of the State of Assam. None has appeared for the informant.

(2.) The two appellants in Criminal Appeal No. 170/2020 viz. Md. Jalaluddin and Md. Sakil Ahmed have jointly preferred the aforesaid appeal assailing the common judgement and order dtd. 30/12/2019 passed by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur in Sessions Case No. 127/2018, convicting both the appellants under Ss. 302/201/379/34 of the Indian Penal Code (IPC) for committing the murder of Santosh Rai throwing away the dead body from the hill top and also for stealing the vehicle. The appellants have been sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00 each for committing the offence under Sec. 302/34 of the IPC with default stipulations. Both the appellants/accused persons were also sentenced to undergo rigorous imprisonment for a period of 7 (seven) years and also to pay fine of Rs.5,000.00 each for the offence committed under Sec. 201/34 of the IPC and to undergo rigorous imprisonment for 3 (three) years for the offence committed under Sec. 379/34 IPC. It appears that subsequently, one of the appellants, viz. Md. Sakil Ahmed has preferred a separate appeal against the impugned judgement which was registered as Criminal Appeal No. 66/2021.

(3.) The prosecution case, in a nutshell, is that at around 05:00 p.m. on 29/4/2017, the two appellants had hired a Swift Dezire vehicle belonging to the PW-6 for going to Shillong and on the way, they had murdered the driver Santosh Rai, threw his body down the hill and took away the vehicle. The stolen vehicle was later recovered from the custody of appellant No. 1 Md. Jalaluddin at Badarpur more than a year later. However, the driver Santosh is still missing.