MD. ABDUL MATLEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K Goswami, learned Senior Counsel and Amicus Curiae appearing for the appellant. Also heard Ms. S Jahan, learned Additional Public Prosecutor appearing for the State respondent.

(2.) This appeal has been filed against the impugned judgment dtd. 30/4/2013 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 59/2008, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00, in default to undergo rigorous imprisonment for a further period of 1 (one) year. The appellant was also acquitted of the charge under Sec. 324 IPC.

(3.) The prosecution case in brief is that an FIR dtd. 26/7/1988 was submitted by the Informant/Prosecution Witnesses-1 (PW-1), who is the son of the deceased. In his FIR, the informant states that on 26/7/1988, when his mother went to a bamboo grove in order to cut bamboo at around 1:30 p.m., the appellant saw her and taking a spear in his hand severely injured her with the spear, which led to her death. The FIR also states that there were eye-witnesses to the crime and that the appellant thereafter fled from the place of occurrence. In pursuance to the FIR, Laharighat P.S. Case No. 135/1988 under Ss. 302/326 IPC was registered. Thereafter, the Investigating Officer investigated the case and on finding a prima facie case under Ss. 302/324 IPC against the appellant, the Investigating Officer submitted his charge-sheet on 28/9/1988. However, as the appellant had absconded and could not be traced, the case remained pending before the learned Trial Court. The appellant was arrested by the Police 10 (ten) years later, i.e., on 8/9/2008. Thereafter, the learned Trial Court framed charges under Ss. 302/324 IPC against the appellant on 16/10/2008. In the trial proceedings, the learned Trial Court examined 6 (six) Prosecution Witnesses. Examination of the appellant was thereafter undertaken under Sec. 313 Cr.PC. The learned Trial Court came to a finding that the appellant was guilty of having committed the murder of the deceased and he was accordingly convicted under Sec. 302 IPC. However, the learned Trial Court acquitted the appellant from the charge under Sec. 324 IPC. Subsequent thereto, the learned Trial Court sentenced the appellant, as indicated in the earlier paragraphs.