SAHAB UDDIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.07.2006 passed by the Learned Sessions Judge Cachar, Silchar in Sessions Case No. 19 of 2000 convicting the appellant Sahab Uddin Khan of offence under Section 304 Part II/324 IPC and sentencing him to rigorous imprisonment for 5 years with fine of Rs.1,000/- in default, to suffer for imprisonment for another 6 months and sentencing him to suffer R.I for six months for under Section 324 IPC. Being aggrieved by and dissatisfied with the aforesaid judgment, the appellant Sahab Uddin Khan, hereinafter referred to as accused person, has preferred this appeal citing several infirmities in the judgment, impugned.

(2.) THE brief facts necessary for disposal of the present appeal is that one Tamij Uddin of village Poilapul gave his cow to one Dhanbir Singh of Kangali Basti within Lakhipur police station to rear on 'Bhagi' basis. However, said cow was found missing from the night of 28.04.1996. The cow was searched but it could not be located. Subsequently, said Dhanbir came to know that the cow was slaughtered by the accused Sahab Uddin and he sold the beef thereof to the public.

(3.) AN FIR to that effect on being lodged with O/C, Lakhipur Police Station, O/C, Lakhipur Police Station received the same, registered a case thereon and ordered the matter to investigated by Police Officer. The Investigating Officer, who was entrusted to investigate the case, arrested the accused persons during the course of investigation, visited the place of occurrence, sent the dead body to Silchar Medial College Hospital for postmortem examination.