BABUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Prasad, learned Amicus Curiae for the appellant and Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam assisted by learned counsel Ms. R. Das.

(2.) This appeal is directed against the judgment and order dtd. 22/1/2020 passed by the learned Additional Sessions Judge, Barpeta, in connection with Sessions Case No. 188/2016 (arising out of G.R. Case No. 7091/2014) convicting Babul Ali @ Babu (hereinafter also referred to as the appellant or the accused) under Sec. 302 of Indian Penal Code, 1860 (IPC for short) and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.1000.00 (Rupees One Thousand) with default stipulations.

(3.) The genesis of the case is that on 27/10/2014 at about 2:30 pm, the 8 year old victim Minuwara Begum was playing in front of the appellant's house, when suddenly the appellant attacked her with a sharp weapon causing several injuries on her body. Minu-wara (hereinafter referred to as the deceased or the victim) was shifted to Barpeta Hospital for treatment but unfortunately, she died on her way to Hospital. The appellant went into his house for shelter but the villagers surrounded his house and caught him along with the weapon of offence. An FIR regarding this incident was lodged by Minuwara's father Rajat Ali (informant) which was registered as Barpeta Police Station Case No. 3052/2014 under Sec. 302 of IPC and the Investigating Officer (IO for short) was entrusted with the investigation.