TASHIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 28.1.2010 passed by the learned Addl. Sessions Judge, (FTC) Kamrup at Guwahati in Sessions Case No. 174(K)/2008 convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/-, in default to undergo rigorous imprisonment for one year, with a further direction that the entire amount of fine, if realized, shall be paid to the complainant as compensation under Section 357(c) Cr.P.C.

(2.) The criminal investigation was set in motion on making the GD entry on 1.9.2004 relating to discovery of the dead body of Amanur Ali. An FIR (Ext. 3) was thereafter lodged by the mother of the deceased Alema Khatoon, PW 3, alleging that on 1.9.2004 her son Amanur Ali and the appellant Tashir Ali though went to Juidhora hills together for collecting firewood, while Tashir Ali returned, Amanur Ali did not return, who has been killed by Tashir Ali and thrown him down from the top of the hill. The police thereafter registered Basistha Police Station case No. 218/2004 under Section 302 IPC and started the investigation, on completion of which, charge sheet (Ext. 5) was filed.

(3.) Since the case was exclusively triable by the Court of Sessions, the accused was committed for trial to the court of Sessions and accordingly Sessions case No. 174(K)/2008 was registered and tried by the learned Addl. Sessions Judge, (FTC), Kamrup at Guwahati. The charge under Section 302 IPC was, thereafter, framed against the appellant, which was when read over and explained to the appellant, he denied the same and claimed to be tried. Hence the trial commenced.