MOINUL HOQUE MONDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal from jail is directed against the Judgment and Order dated 05.04.2010 passed by learned Sessions Judge, Bongaigaon in Sessions Case No. 61 (B) of 2004 wherein the accused/appellant, namely Md. Moinul Hoque Mondal is convicted under Section 302 of the Indian Penal Code and sentencing him to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 2,000/ - and in default, to further Imprisonment for 1 (one) month.

(2.) The prosecution case, as it emerges from the First Information Report lodged on 03.12.2001 (Ext. -1) is that on the said date in the morning around 9:00 a.m. when Abu Sama went to paddy filed to bring paddy to his home, because of old & previous grudge, Afazuddin, his sons Moinul Hoque Mondal and Someruddin Mondal, attacked Abu Sama from behind, inflicting dao blows on his head, neck and back, caused grievous injuries, who was declared dead when taken to the hospital. On receipt of the said F.I.R. Bijni Police Station Case No.150/2001 was registered under Section 302/307/326/34 of the Indian Penal Code corresponding to G.R. Case No. 238/2001. During investigation, police recorded the statements under Section 161 Cr.P.C. of the persons who are acquainted with the facts of the case and also arrested the accused persons including the appellant, drawn sketch map of the place of occurrence, conducted the inquest on the dead body, prepared the Inquest Report and sent the dead body for post mortem examination. On completion of the investigation, police vide No. 59/2001 dated 29.07.2002 submitted the charge -sheet under Sections 302/341/34 of the IPC against the accused/appellant and other FIR named accused persons. The case being exclusively triable by the Court of Sessions, the learned Judicial Magistrate First Class, Bijni on 17.09.2004 committed the said G.R. Case No. 238/2001 to the learned Court of Sessions at Bongaigaon and accordingly Sessions Case No. 61(B) of 2004 was registered.

(3.) On 19.02.2005 the learned Sessions Judge, Bongaigaon framed charges under Sections 302/341/34 IPC only against the charge sheeted accused persons including the present accused/appellant and when the charges were read over and explained to them, they pleaded not guilty and claimed to be tried. As such the trial commenced.