SRI SARIF UDDIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE judgment dated 30.08.2008, passed by the learned Additional Sessions Judge (FTC), Hojai, Sankardevnagar, Sessions Case No. 70 (N) of 2007, is under challenge in this appeal. By this impugned judgment, the learned Additional Sessions Judge has convicted the appellants under Sections 302/454, read with Section 149 of the Indian Penal Code, 1860, (hereinafter, in short, 'IPC') and various sentences have been awarded, maximum being Life Imprisonment. Being aggrieved with the conviction and sentence the appellants have preferred this common appeal.

(2.) WE have heard Sri FKR Ahmed, learned counsel appearing on behalf of the appellants as well as Smt B Bhuyan, learned Additional Public Prosecutor for the State of Assam. We have also gone through the impugned Judgment as well as the evidence on record.

(3.) THE prosecution examined only 9 (nine) witnesses. PWs-1, 3 and 4 are the wife, son and daughter of the deceased respectively; PWs-2 and 5 are the brothers of the deceased; PW-6 is the village Gaonburah; PWs-7 and 8 are the Police Officers; PW-9 is the doctor to prove the autopsy report. The defence case was of total denial and no evidence in defence was tendered. However, the prosecution witnesses were cross-examined to suggest that the murder of the deceased was committed by the wife herself in association with her family members or her brother-in-laws. Though various suggestions were given that the marital relation between the wife and the deceased was constrained and a case of physical and mental torture was also filed against the deceased on behalf of his wife the suggestions were denied. However, while filing an application before this Court under Section 389 CrPC two sets of FIR, lodged against the deceased have been filed. One such FIR was lodged by the wife's brother, Safiquddin and the other FIR was lodged by the brother of the deceased, namely, Iqbal Hussain (PW- 2). In GR Case No. 365 of 2000 under Section 498 (A) IPC, charge sheet was submitted and the deceased was absconding throughout the trial and warrant of arrest was also pending till the date of his murder. From these two FIRs, it is apparent that the wife of the deceased had deep-rooted enmity with her husband. Similarly, the deceased also did not have good relation with his brother, namely, Iqbal Hussain (PW-2). In the backdrop of the two FIRs pending against the deceased it was incumbent upon the prosecution to establish the motive for killing only one person in a house where there were four inmates. We would like to mention here that neither the wife nor her two children were caused any physical harm by the assailants.