SAMIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Mohammad Samir Ali has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1000/- with default stipulation.

(2.) The victim of the incident was Mukut Ali, aged 45 years.

(3.) The facts in short are these - The appellant is paternal uncle of Mukut Ali. Both of them lived in the same village Kanikuchi and were also neighbours. On 28.5.1998, Mukut Ali was sleeping on a bench in front of his house. The bench was also near to the house of Ranu Bibi (PW 1) At that time, Ranu Bibi saw the appellant going near that bench with a dao concealed under his armpit. She also saw the appellant waiting near Mukut Ali. Ranu Bibi, then, left for her house and when after some time, she returned, she found Mukut Ali lying on the ground with his neck cut. Ranu Bibi noticed profuse bleeding from the neck and that a dao was lying nearby. She also saw the appellant going away slowly from the place of occurrence. Harmor Rasid (PW 5) lived in the same village. He lodged the ejahar Exhibit 2 at Police Station Rangia. The police came to the place of occurrence and seized "dao" vide Exhibit 5. The police also prepared Inquest Report Exhibit 1 of the dead body. According to the post mortem examination report exhibit 3 prepared by Dr. H.K.Mahanta (PW 6) cause of death of Mukut Ali was due to cut injury on the neck. The police, however, could not trace the whereabouts of appellant. After many years from the date of incident, appellant was produced by his relative at the Police Station, whereupon he was arrested.