ATOWAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant Appeal has been filed under Sec. 374 (2) Cr.P.C 1973, [corresponding to Sec. 415 of the BNSS] against the judgment & order dtd. 21/6/2022 passed by the learned Sessions Judge, Chirang in Session Case No.79/2015 corresponding to Dhaligaon P.S Case No.174/2012 U/S 302 IPC [corresponding to Sec. 103 of the BNS] by which the appellant was convicted and sentenced to undergo life imprisonment and to pay a fine of Rs.50,000.00, in default, RI for 6 months.

(2.) The criminal law was set in motion by lodging of the Ejahar dtd. 17/10/2012 by the PW-1, who is the wife of the deceased Nazrul Islam. The Ejahar states that on 17/10/2012 at about 6:45 P.M, the informant's husband Nazrul Islam was coming towards his quarter after his duty. When he reached the 1st corridor of the staff quarter, the appellant/convict intentionally shot the deceased with his arms as a result of which the informant's husband sustained injuries. It is also stated in the Ejahar that on hearing the noise, the informant rushed to the place of occurrence and saw the deceased falling down on the corridor and that while dying, the deceased told the informant that it was the appellant, who had shot him with his duty arms and thereafter, he expired on the spot. Based on this Ejahar, the formal FIR was registered and investigation conducted. On completion of the investigation, the charges were laid against the appellant u/s 302 IPC [corresponding to Sec. 103 of the BNS].

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