MAKSHED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 374(2) Cr.PC, 1973, against the judgment and order dtd. 5/12/2019 passed by the learned Sessions Judge, Nalbari, in Session Case No. 40/2016 corresponding to G.R Case No. 26/2016 and Mukalmua P.S Case No. 02/2016 u/s 120(B)/302 IPC by which the appellant was convicted and sentenced to undergo Rigorous Imprisonment (RI) for life and to pay fine of Rs.30,000.00 only, in default, RI for 6 months.

(2.) The criminal law was set in motion by lodging the Ejahar dtd. 5/1/2016 by the PW-1 who is the father of the deceased Md. Baharul Islam. The Ejahar states that on 4/1/2016 at around 10:20 P.M when the deceased was coming towards his house from Saulkhowa Chowk, the appellant/convict, on the instigation of five other accused persons, dragged the deceased from the road towards the east of the informant's residence and stabbed the deceased with a sharp weapon and thereafter, fled from the place of occurrence leaving behind two mobile phones, the weapon and a chadar. The Ejahar also states that when the deceased cried out, Md. Sabedjal Ali, the neighbour of the informant rushed to the place of occurrence and saw the appellant. The informant also rushed to the place of occurrence and immediately took the deceased to Mukalmua Health Centre from where he was referred and brought to Bhangagarh, Guwahati, where the deceased succumbed to his injuries. Based on the Ejahar, the formal FIR was registered and the investigation was conducted. During the investigation of the case, no evidence of involvement of the accused No. 2, 3, 4, 5 and 6 could be established and accordingly, the Investigating Officer (IO) prayed for their discharge from the criminal liability of the case. On completion of the investigation, the charges were laid against the appellant u/s 302 IPC.

(3.) The charges were accordingly framed against the appellant and the appellant having pleaded not guilty, the trial commenced. During the trial of the case, the prosecution adduced evidence through 17 nos. of witnesses.