MD ANJAR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant has been convicted under Section 302 of IPC and sentenced to undergo R.I. for life and fine of Rs. 10,000/- with default stipulation for committing murder of Jeleka Khatun.

(2.) The prosecution story in brief is that Jeleka Khatun went missing on 04/04/2006 and later on her dead body was recovered from the house of the appellant on 05/04/2006. The son-in-law of the deceased Md. Hafizur Rahman had identified the body whereafter he lodged an Ejahar with the Police on the basis of which Moirabari P.S. Case No. 28/2006 was registered under Section 302 of the Indian Penal Code and investigation was started. On completion of the investigation, charge sheet was submitted against the appellant, who was eventually found guilty of having committed the murder of Jeleka Khatun and was accordingly convicted under section 302 of IPC .

(3.) There is no eye witness to the incident and the trial Court has convicted the appellant on circumstantial evidence taking note of the fact that the dead body was recovered from the house of the appellant and secondly the statement of the appellant had led to the recovery of the chain and bangles belonging to the deceased which were stolen by him and mortgaged with Md. Abdul Rashid (PW-6).