MOYAZZM HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Moyazzam Huassain was tried by the learned Ad-hoc Addi. Sessions Judge, Bongaigaon in Sessions Case No. 57(A)/2001 and on conviction under Section 302 of the Indian Penal Code, was sentenced to imprisonment for life and to pay a fine of Rs. 2000/-, in default to undergo further R. I. for one month. Being aggrieved, this appeal has been preferred controverting the legality and correctness of the judgment of the learned Ad-hoc Addl. Sessions Judge.

(2.) We have heard Mr. S.K. Medhi, learned amicus curiae appearing on behalf of the appellant and Mr. D. Das, learned Public Prosecutor, Assam.

(3.) The prosecution story as unfurled in the FIR, Exhibit-1 lodged by Jahidul Islam, P.W. 1 is that the accused-appellant along with his younger brother Md. Aminul Islam and sister Afreja Khatun went out for cutting grass on 25.10.99. There the appellant killed Aminul Islam by hacking him on his neck and fled away from the place of occurrence. Afreja came home crying and informed about the occurrence. All the family members along with the neighbours rushed to the place of occurrence where Aminul was found lying dead. The Officer-in-Charge, Abhayapuri PS. on receipt of the FIR registered Abhayapuri PS. Case No. 125/99 under Section 302 IPC and endorsed the same for investigation to Baliram Bora, S.I. of Police. The Investigating Officer during the course of investigation prepared the inquest report, Exhibit-2 and sent the dead body to Goalpara Civil Hospital for post mortem examination. He also prepared a sketch map, Exhibit-5 and eventually submitted chargesheet against the appellant under Section 302 IPC for causing death of Aminul Islam.