GAMBHIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 21.5.2007 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 142 of 2004 arising out of GR Case No. 531/04 convicting the appellant under Section 302 of the IPC and sentencing him to undergo imprisonment for life and a fine of Rs. 1000/- and in default of payment of fine, to suffer further rigorous imprisonment for six months. Briefly stated the prosecution case is that on 5.6.2004 at around 6 AM appellant stabbed Kudrat Ali, husband of the informant Safia Bibi, PW-1, by inflicting dagger blow on his chest while he was ploughing in the field and after the incident the appellant fled the scene. Informant's husband was shifted to hospital in a thela (push cart) but he succumbed to his injuries. On receipt of the FIR the police registered a case being Ghograpar Police Station Case No. 44/04 under Section 302 IPC against the appellant. The IO took up the investigation, held inquest over the dead body, seized the crime weapon, blood stained cloths of the deceased and arrested the accused and, thereafter, sent them for FSL examination. On completion of the investigation the IO laid the charge-sheet under Section 302 IPC against the appellant. The Magistrate concerned committed the case to the court of Sessions for trial and disposal. Accordingly the learned Sessions Judge, on the basis of materials found on record, framed charge under Section 302 IPC, which was read over and explained to the appellant, who pleaded not guilty and claimed to be tried.

(2.) In order to establish the above charge against the appellant the prosecution examined 11 witnesses including the Medical Officer, FSL expert and the I.O. The appellant was examined under Section 313 Cr.P.C. providing him a chance to explain the incriminating material found against him in the evidence. He denied all the evidence against him. In his statement under Section 313 Cr.P.C. the appellant stated that the deceased Kudrat on the date of occurrence started ploughing in the appellant's field and when the appellant restrained him from ploughing, the deceased assaulted him and, thereafter, tried to stab him with a knife followed by a scuffle in which, the deceased received injuries-After the incident, the appellant went to the police station to inform the matter. From his statement, it is found that the appellant took the plea that the offence was committed by him on a sudden quarrel and in self defence. To substantiate his defence the appellant also examined four witnesses.

(3.) Smti Safia Bibi, wife of the deceased was examined as PW-1. She deposed that on the date and time of the occurrence she was loitering on the road. Her sister-in-law Nessa told her that accused Gambhir (husband of Nessa) killed Kudrat (husband of PW 1) and fled away from the place of occurrence. She rushed to the field and found her husband dead and he was taken in a Thela. She saw bleeding on the chest of the deceased. Police, on receipt other FIR visited the place of occurrence and recorded the statement. In cross-examination, she stated that she did not see the occurrence but she rushed to the field after hearing the hulla. She found about 25 persons near the dead body of her husband and some persons took the dead body to the gateway of one Farzan Ali. She also stated that the Gaonburah, Jamir Ali lodged the FIR in the Police Station. Police took the dead body and thereafter she also lodged an Ejahar. On being cross-examined she stated that she did not state before the I O about her loitering on the road. She denied the suggestion that she did not state before the IO that she saw bleeding from the chest of her husband and that Nessa did not tell her that Gambhir killed her husband.