ABDUL HASIB Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. C. Biswas, learned counsel for the petitioner. Also heard Mr. B. B. Gogoi, learned Additional Public Prosecutor for the State respondent No.1.

(2.) This application filed under Sec. 482 of the Code of Criminal Procedure, 1973 praying for quashing of the impugned charge-sheet No.94 dtd. 30/4/2019 as well as the proceedings in G. R. Case No. 3012/2016, registered under Ss. 120-B/302/34 of IPC in respect of the petitioner.

(3.) The brief facts of the case is that, the informant Shri Ashu Ram Das had lodged the FIR on 19/6/2016 before the Katigorah Police Station alleging inter alia that on 18/6/2016 at about 8:00 P.M. the accused No.2, Hasina Begum Laskar/wife of the petitioner called the victim Moni Ram Das to her house and took him with her. Then, suddenly the informant heard "bachao" "bachao" and rushed to the house of the accused and found that the accused persons had kept the door closed, but, somehow, the informant opened the door of the house and found his nephew was lying dead on the floor with several injuries. Thereafter he lodged the FIR. On receipt of the FIR, the Katigorah P. S. Case No.368/2016 under Ss. 302/34 of IPC was registered and investigated the case accordingly. After completion of the investigation of the case, the charge- sheet was filed against the accused/petitioner along with the other co-accused under Ss. 120B/302/34 of IPC.