MD SAMSUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant who has been convicted by the learned Sessions Judge, Goalpara at Dhubri in G.R. Case No.153 of 1980 under Section 302, I.P.C., sentencing him to imprisonment for life, has preferred this appeal from jail. The sentence of imprisonment for life was awarded to the appellant for intentionally causing the death of Sahera Khatoon, daughter of Bagu Dewani a resident of Simalabari under Bongaigaon police station.

(2.) WE propose to start with this case by quoting Narotam Singh's case (AIR 1978 SC 1542) : (1978 Cri LJ 1612) wherein their Lordships of the Supreme Court have observed: "The law of crimes perverts itself on occasions into the crime of law if narrow legalism overwhelms social justice. This criticism applies to the field of penology as well, and so the finer, more perceptive and sociologically relevant approach to punishment, when crime has been proved, is to take a holistic, realistic and humanistic size -up action as to promote rehabilitation without offending community conscience. XXX XXX XXX Discrepancies do not necessarily demolish testimony; delay does not necessarily spell unveracity and tortured technicalities do not necessarily upset conviction when the Court has had a perspicacious, sensitive and correctly oriented view of the evidence and probabilities to reach the conclusion it did. Proof of guilt is sustained despite little infirmities, tossing peccadilloes and peripheral probative shortfalls. The 'sacred cows' of shadowy doubts and marginal mistakes, processual or other, cannot deter the Court from punishing crime where it has been sensibly and substantially brought home. XXX XXX XXX The facts, more flabbergasting than fantasy present themselves in this criminal appeal when we turn to the story narrated by the prosecution which has culminated in the conviction of the accused.

(3.) THE story as put forth by the prosecution was that on 10 -2 -1980 at 8.30 A.M. the appellant Samsul assaulted Sahera Khatoon a 13 year old girl and the daughter of P.W.4 Bagu Shaikh with an axe on her head and stomach which resulted fatal injury to Sahera. The occurrence took place at the residence of Bagu Shaikh at that hour of the morning and according to the prosecution witnesses, the appellant Samsul entered the house of Bagu Shaikh in his absence and assaulted Sahera with an axe. On receipt of axe blows Sahera shouted, whereupon, several people including those cited as prosecution wit -nesses came to the place of occurrence. P.W.5 Samartban Nessa the eldest sister of the deceased Sahera rushed to the house where Sahera was assaulted by the appellant and as the door was closed, she peeped through the window and saw tha accused Samsul inflicting axe blows on Sahera. P.W.5 pushed the door and saw Sahera writhing on the ground. The father Bagu Shaikh also came inside the house and tried to snatch away the axe from the hands of the accused. The appellant -accused was apprehended by the people who arrived at the place of occurrence and father snatching away the axe, he was tied up for the purpose of handing over to the police. P.W.3 Abdul Khalek, a grand -son o# Bagu Shaikh who was informed by P.W.7 Nur Hussain about the incident, rushed to the house of Bagu Shaikh where occurrence took place and thereafter went to Bongaigaon Police Station and lodged the ejahar with the Officer -in -charge of Bongaigaon Police Station on the same date at about 11.30 A.M. The Police Officer of Bongaigaon Policy Station registered a case on the basis of the ejahar, went to the place of occurrence, arrested the accused and investigated the matter. After investigation, a charge -sheet was follow -ed and the accused was tied up to face the trial under Section 302, I.P.C., in the Court of Sessions Judge, Goalpara at Dhubri. The further story appears to be that prior to the occurrence, the accused was engaged as servant of Bagu Shaikh and while he was working in the house of Bagu Shaikh, he fell in love with the deceased and wanted to marry her. Her father did not agree to the said proposal and being furious for such an unholy affairs of the accused turned him out and, thereafter engaged P.W.7 Nur Hussain as his servant. On the previous night of the occurrence, the accused came to the house of Bagu Shaikh and stayed there for the whole night with P.W.7 Nur Hussain who was engaged as servant of Bagu Shaikh at the relevant time. On the day of occurrence at about 8.30 A.M., it was alleged by the prosecution that in absence of Bagu Shaikh the accused entered into the house where Sahera Khatoon stayed and thereafter the ghastly murder took place.