NASIR UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) One Nasir Uddin Laskar as sole appellant has challenged his conviction under Section 302 of the Indian Penal Code in judgment dated 03.09.2012 passed by learned Sessions Judge, Cachar at Silchar in Sessions Case No. 64/2012. He has been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.2000/-, in default to suffer another period of rigorous imprisonment for three years.

(2.) The prosecution story is that one Mizabur Rahman Mazumdar lodged a written ejahar with Officer-in-charge of Silchar Police Station on 05.12.2011 informing that the present appellant had kidnapped his second son Sahadat Mazumdar and his nephew Janimul from his house and thereafter dead body of Sahadat was found at the first floor of the house of one Dulu Roy at Lane No.9 of Link Road. Police on the basis of the G.D. Entry went to the place of occurrence and recovered dead body of Sahadat and inquest was held by a Magistrate. In course of investigation the helper of the accused and one Atabur Rahman Laskar were examined under Section 164 of the Code of Criminal Procedure. Accused Nasir Uddin Laskar also made a statement before Magistrate under Section 164 of the Code of Criminal Procedure confessing his guilt. Upon completion of the investigation the prosecution filed charge-sheet against the appellant under Sections 364(A)/302/201 of the Indian Penal Code and thereupon the case was committed to Sessions vide order dated 20.03.2012 passed by the learned Magistrate. Sessions Case No.64/2012 of the Court of learned Sessions Judge, Cachar at Silchar was accordingly registered and in due course charges under Sections 364(A) and 302 of the Indian Penal Code were framed against the accused. The accused pleaded not guilty and claimed to be tried.

(3.) In course of trial prosecution examined as many as 13 witnesses and thereupon the accused was examined under Section 313 of the Code of Criminal Procedure.