ABDUL RAHMAN KAJI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Abdul Rahman Kaji has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation. He has also been convicted under Section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for two years and fine of Rs. 2,000/- with default stipulation. His jail sentences have been ordered to run concurrently.

(2.) The victim of the incident was Moniruddin Kaji. He was also father of the appellant and aged about 85 years.

(3.) According to the prosecution case, on 11.12.2000 around 6.30 p.m. Moniruddin Kaji took meal in the house of his daughter Mehurun Nessa (PW-1) at Bhairabnagar falling within the jurisdiction of Police Out Post Arunachal, District Cachar. He then left for evening prayers to mosque but did not reach there. He also did not reach home during night and search for him brought no result. On the next day i.e. 12.12.2000, sometime in the afternoon, people had gathered at a paddy field to perform cremation of one local resident. There some of them discovered the dead body of Moniruddin Kaji which was concealed with garbage. The body was identified by the appellant who also informed the police. The police immediately came to the spot and prepared inquest report, Exhibit-2 of the dead body. The police then also sent the dead body for post mortem examination at Silchar Medical College and Hospital.