JALAL UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.03.2012 passed by the learned Sessions Judge, Cachar, Silchar in Sessions Case No. 181/2009 convicting the accused/appellant Md. Jalal Uddin Laskar (hereinafter referred to as accused person) for the offence u/s. 302 IPC and sentenced him to rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- (Rupees five thousand) and in default of payment of fine, further rigorous imprisonment for 02(two) months. Being aggrieved and dissatisfied with the judgment aforesaid, the accused/appellant preferred this appeal from jail on the grounds that the learned Court below has not properly appreciated the evidence on record and has arrived at a conclusion of the guilt of the accused without any proper evidence against the accused/appellant.

(2.) The brief fact of the prosecution case is that on 31.08.2009 at about 5.30 a.m. while the deceased Nekjan Bibi @ Nekjan Begum was walking by the side of the road near her house at village Rajnagar along with her neighbor Asharun Bibi, the accused/appellant being armed with a dagger suddenly appeared before her and caught hold Nekjan Bibi and dragged her towards nearby Indira Abash Griha and dealt her several blows with the dagger on her person. The deceased sustained grievous injuries at her neck, stomach and other parts of her body and succumbed to the injuries so sustained by her at the spot and the accused fled away. Thereafter, the husband of the deceased Islam Uddin Laskar lodged the FIR with the Officer-in-Charge of Dholai Police Station.

(3.) On receipt of the FIR, the Officer-in-Charge of Dholai Police Station registered a case being Dholai P.S Case No. 249/2009 under Section 302 IPC and endorsed it to S.I Sri Nayanmoni Singha to complete the investigation. During the course of investigation, the Investigating Officer examined all the relevant witnesses and arrested the accused after three days of occurrence and on being led and shown by the accused person, weapon of offence was recovered and seized in presence of witnesses. On completion of the investigation, charge-sheet was submitted against the accused/appellant u/s.302 IPC. The accused faced the trial from inside the jail and after furnishing him necessary copies and after hearing both sides, charge u/s. 302 IPC was framed and explained to the accused/appellant, to which he pleaded not guilty and claimed to be tried.