SAHIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order dated 18.05.2010, passed by learned Session Judge, Morigaon, in Sessions Case No. 67/07, convicting the appellant under section 448 and 302 IPC and sentencing him thereby to undergo rigorous imprisonment for 6(six) months for his conviction under section 448 IPC and also to suffer imprisonment for life and to pay a fine of fine of Rs. 2,000/- (Two thousand), in default, of payment of fine, rigorous imprisonment for 2(Two) months for the offence committed under section 302 IPC has been challenged. Heard Mr. P.N. Choudhury, learned Amicus Curiae and Mr. B.J. Dutta, learned Additional PP appearing on behalf of the State.

(2.) The prosecution story, as projected during the trial, in brief, is that the accused Md. Saidul Islam gave a proposal to marry Rabiza Khatoon, the sister of the deceased, which was, however, rejected by Akbar Ali. Next day on 11.02.2007 at around 11.00 PM, the accused entered into the house of Akbar Ali and inflicted Dao blow on his neck, while Akbar Ali was sleeping on his bed along with his brother and father. Hearing the alarm raised by Akbar Ali, the family members of his house came to his room, they also raised hue and cry and the people from his vicinity gathered there. They saw Akbar Ali lying injured. However, he was able to talk and he disclosed how Md. Saidul Islam (accused) inflicted the injuries. Immediately, he was shifted to hospital where he succumbed to his injuries. FIR being lodged by Md. Hussain Ali, brother of the deceased, Morigaon P.S. Case No. 17/2007 under Section 448 /302 IPC was registered.

(3.) On completion of investigation, charge sheet under Section 448 /302 was submitted against the accused.