AZIZUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction dated 16.09.2011 passed by the learned Sessions Judge, Cachar at Silchar, in Sessions Case No.15/2005, convicting the accused appellant under Section 448 IPC, 326 IPC and 302 IPC and sentenced him to undergo rigorous imprisonment for 6(six) months for the offence under Section 448 IPC; for a period of 7 years and also to pay a fine of Rs.3,000/ -, in default, to under rigorous imprisonment for a further period of 1(one) month for the offence under Section 326 IPC and to undergo rigorous imprisonment for life and to pay a fine of Rs.3,000/ -, in default, to undergo rigorous imprisonment for further period of 1(one) month for the offence punishable under Section 302 IPC.

(2.) A criminal investigation was set in motion on lodging of the first information report by Md. Raimuddin alias Rahim Uddin (PW -1) on 11.11.2001 with the Officer -in -Charge of Udharband Police Station alleging that at 7.30 P.M. on 10.11.2001, Md. Azizur Rahman (appellant), Md. Mizazur Rahman, Md. Sazizur Rahman and Md. Hafizur Rahman armed with sharp weapons such as dao, dagger etc. trespassed upon his house in a body, entered the room and began hacking the inmates randomly, as a result of which his 17 years old sister Raimun Nessa, who was offering namaaz, died on the spot, with the further allegation that the informant 's father Tamiz Uddin (PW -2), mother Mustt. Anis Bibi and younger brother Md. Jasim Uddin (PW -4) have also sustained grievous injuries on various parts of their persons. Based on the said first information report, Udharband P.S. Case No.189/2001 was registered under Section 448/326/302/34 IPC. The police during investigation visited the place of occurrence, got the inquest done on the dead body of Raimun Nessa, sent the injured persons including Tamiz Uddin (PW -2) and Jasim Uddin (PW -4) for medical examination, recorded the statements of the witnesses acquainted with the facts and circumstances of the case under Section 161 Cr.P.C., prepared the sketch map and got confessional statement of the accused appellant recorded under Section 164 Cr.P.C. On completion of the investigation, police submitted the charge -sheet under Section 448/326/302 IPC against the accused appellant only. The case being exclusively triable by the Court of Sessions, the learned Sub -Divisional Judicial Magistrate(S), Silchar on 28.02.2005 committed the same to the Court of Sessions for trial and accordingly Sessions Case No.15/2005 was registered. The learned Sessions Judge on 19.05.2005 framed the charges against the accused appellant under Section 448/326/302 IPC, which when read over and explained to him, he pleaded not guilty and claimed to be tried. Hence the trial commenced.

(3.) THE learned Sessions Judge, upon appreciation of the evidence on record, both oral and documentary, passed the judgment of conviction as aforesaid. Hence the present appeal.