SIBU @ HAMEJUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the Judgment and Order dated 07.09.20121 passed by learned Sessions Judge, Goalpara in Sessions Case No. 61/2011, convicting the appellant for causing of death of 2 minor boys under Section 302 IPC and sentencing him thereby to undergo imprisonment for life with fine of Rs. 5,000/-, in default, of payment of fine, further S.I. for a term of 1 (one) year.

(2.) Heard Mr. B.N. Gogoi, learned counsel for the appellant and Mr. K.A. Mazumdar, learned Addl. PP, Asam.

(3.) The victim Sarif Uddin aged about 10 years of age was employed by the accused to help him in domestic work. In the evening of 28.07.2010, the victim asked the accused to allow him to go out to ease himself. The accused told him that there is no need to go out as there is a facility of toilet in the house but Sarif Uddin without obeying the instruction of the accused went out. When he came back there was an altercation between the accused and him which infuriated the accused who was then working inside his kitchen. The accused stabbed him in his abdomen causing his death. Immediately, thereafter, he came to the house of Lt. Nazir Hussain and killed his son Sariful Islam who was aged about 9 years of age by means of a dagger. The accused was immediately nabbed by the village people and he was handed over to Tikrikilla Police Station. Both the victim died due to injuries inflicted to them by the accused. The incident was reported to the Police and it was entered into General Diary maintained by the Lakhipur Police Station. On the basis of the General Diary entry, the Investigating Officer visited the place of occurrence and held inquest on the dead body of Sarif Uddin lying in the house compound of the accused. On the subsequent date, the dead body of Sariful Islam was brought to Police Station and inquest on his dead body was also held at Police Station campus. A formal written FIR was lodged on the following day by Mozammal Hussain, uncle of the deceased Sariful Islam. On the basis of the written FIR Lakhipur P.S. Case No. 353/2010 was registered. Both the Dead bodies were subjected to Post Mortem Examination. During the investigation, the accused was arrested, as he confessed before the Police, he was accordingly forwarded to the Court and his confessional statement was recorded by a Magistrate under Section 164 Cr.P.C., On completion of the investigation, the Police submitted the Charge-Sheet against the accused under Sections 447/302 of the IPC. The offence under Section 302 being exclusively triable by the Court of Sessions, it was committed for trial to the Court of Sessions. The accused pleaded not guilty to the charges framed against him under Sections 447/302 of the IPC and claimed to be tried.