SARIF UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against a judgment and order dated 28.11.2011 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 89/2009 whereby the appellant was convicted under Section 457/323/324/302 IPC and sentenced to suffer rigorous imprisonment for life along with fine of Rs. 5000/-, in default, to suffer rigorous imprisonment of one year for his conviction under Section 302 IPC. The appellant was also sentenced to suffer rigorous imprisonment for two years along with a fine of Rs. 1000/- in default, rigorous imprisonment for a period of two months for the offence under Section 457 IPC, rigorous imprisonment for a period of two months for the offence under Section 323 IPC and also rigorous imprisonment for a period of two years for the offence under Section 324 IPC. It was observed that all the sentences would run concurrently.

(2.) On 21.10.2008, one Motahir Ali (PW 2) lodged an ejahar before the Officer-in-Charge of Patherkandi police Station stating that at around 7 P.M. on 20.10.2008, taking advantage of his absence, the appellant had entered into his house by pushing the bamboo door and grabbed his daughter Swapna Begum (PW 4) with an intention to commit "bad act" on her. When his daughter raised a hue and cry, his another daughter, Mayarun Nessa, aged about 42 years and his grand-daughter, Rina Begum, aged about 9 years (PW 5), who were in the adjacent house, came to the place of occurrence where upon the accused took out a dagger he had brought with him, and dealt a cut blow in the neck of Mayarun Nessa as a result of which she fell down on the ground. Swapna Begum (PW4), Rina Begum (PW5), and Sayarun Nessa (PW6) tried to apprehend the accused and in the process Swapna and Rina also sustained grievous injuries as they were inflicted cut blows with dagger and thereafter the accused fled from the scene of occurrence. Mayarun Nessa breathed her last and hearing the commotion nearby people had come and informed the police. At around 8.30 P.M., when he reached home and saw the dead body of his daughter and after coming to know of the incident in detail, he went and lodged the ejahar.

(3.) On receipt of the aforesaid ejahar (Ext. 9), Patherkandi Police Station Case No. 154/2008 under Section 457/354/323/302 IPC was registered. Police set in motion the investigation. During the course of investi-gation, statement of PW4 and PW5 were recorded under Section 164 CrPC, which were exhibited as Ext.-3 and Ext.-4, respec-tively. After completion of investigation, police submitted charge sheet against the accused under Section 457/354/324/302 IPC.