RAHMAN MIA ANSARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K A Mazumder, learned counsel for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam for the State.

(2.) This appeal is directed against the impugned judgment of conviction dtd. 31/3/2023 and sentence dtd. 3/4/2023 passed by the learned Additional Sessions Judge, Hailakandi [trial court, for short] in Sessions Case No. 96/2016, whereby the appellant was convicted for the offence punishable under Sec. 302 of the Indian Penal Code (murder) and sentenced to undergo imprisonment for 15 (fifteen) years and to pay a fine of Rs.10,000.00 (ten thou-sand), in default to undergo further imprisonment for 3 (three) months.

(3.) The prosecution case in brief is that on 12/5/2011 (date and time as per FIR/record), the deceased, Islam Uddin Talukdar (husband of PW-2 and son-inlaw of PW-1) sustained injuries allegedly caused by the appellant. The injured had to be moved from the hospital situated within the limits of the place of occurrence of the police station, i.e., Lala Police Station, Hailakandi, wherein he was initially taken for immediate treatment, to Silchar Medical College situated within the jurisdiction of the Ghungoor Police Outpost [hereinafter referred to as the 'Ghungoor Outpost'] for better treatment. An information concerning the injured person was lodged thereafter at the said Ghungoor Outpost and accordingly, a General Diary entry vide GD Entry No. 274 dtd. 13/5/2011 was recorded. The police of that outpost thereafter visited the said hospital and when the injured succumbed to his injuries on 14/5/2011 at 12.15 AM, the Executive Magistrate, DC, Cachar, Silchar conducted inquest in presence of PW-2, PW-9 and the investigating officer, i.e., ASI, Debdas Deb of the said Ghungoor Outpost. The statement of the wife of the deceased, Halima Begum Ansari (PW-2) and Samsuddin (PW-9), were also recorded by the said investigating officer of the Ghungoor Outpost under Sec. 161 Cr.P.C in conn-ection with the aforesaid GD Entry No. 274 dtd. 13/5/2011. On 14/5/2011 itself, the dead body being sent by the said investigating officer of Ghungoor Outpost for post-mortem examination to the Silchar Medical College with reference to the aforesaid GD Entry No. 274 dtd. 13/5/2011, postmortem was accordingly conducted and report was furnished thereto to the said IO.