NESATULLAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 11.8.1998, passed by the learned Sessions Judge, Dhubri, in Sessions Case No. 1051 of 1996, the accused appellant stands convicted under Section 3021.P.C. and sentenced to suffer imprisonment for life and pay a fine of Rs. 1,000/- and, in default, to undergo rigorous imprisonment for a further period of three months.

(2.) The case against the accused-appellant, as unfolded at the trial, may, in brief, be stated as follows: Deceased Muslema Bibi was wife of the accused-appellant, Nesarullah Sk. a resident of village Sindurai Part II. The occurrence took place during the period of Ramadan, i.e. the month during which the Muslims keep fast. On the day of occurrence, Smti. Jabeda Bewa, widowed mother of deceased Muslema, was present at the house of the accused-appellant. On the day of the occurrence i.e., on 6.2.1996, the accuse-appellant slept on a bed with his daughter, while on the other bed, Muslema slept with her son, Jiyarul, her daughter, Nilima, and her mother. Jabeda, the said house having only one room. Just before the day broke, the accused got up from his bed and started giving blows with his fist on Muslema. On witnessing the same, Jabeda intervened, but she was pushed away by the accused-appellant with such force that she fell down, the accused mounted on Jabeda and twisted her hand. The accused-appellant,. Then, hit Muslema with an axe causing injuries on her person. On cries being raised from inside the house, other members of the family of the accused-appellant, who used to live nearby, came to the place of occurrence. On 6.2.1996 itself, the occurrence was orally reported by Gaon Panchayat President, Habibur Rahman, to the In-charge of Agamoni Police Out Post and G.D. Entry No. 169, dated 6.2.1996, was made accordingly. On the following day, i.e. on 7.2.1996, a written F.I.R. was lodged at the said Police Out Post by the accused-appellant's brother, Nabiullah, who came to the said Out post accompanied by accused-appellant and their co-villager, Habibur Rahman, aforementioned. A case was accordingly registered against the accused- appellant. During investigation, the police held inquest over the dead body of Muslema. The police seized, vide sizure list (Ext. 8), the said axe. The police also seized, vide seizure list (Ext. 4), a bloodstained Shirt (Ext.4), which the accused was wearing. The police also got medically examined Nilima, daughter of the accused-appellant, and Jabeda, widowed mother of the said deceased, who had allegedly sustained injuries, while intervening in the occurrence of assault on Muslema. On completion of investigation, police laid chargesheet against the accused-appellant under Section 3021.P.C.

(3.) During trial, the accused pleaded not guilty to the charge framed against him under Section 302 I.P.C. In support of their case, the prosecution examined as many as nine witnesses including the Investigating officer. The accused-appellant was, then, examined under Section 313 Cr. P.C. and in his examination aforementioned, the accused-appellant denied that he had committed the offence alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence. On conclusion of the trial, the learned trial court found the accused-appellant guilty of the offence under Section 302 I.P.C. and convicted him accordingly. The impugned sentence, as already mentioned hereinabove, accordingly followed. Hence, the present appeal.