FAKHAR UDDIN(MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by Md. Fakhar Uddin is preferred against the judgment and order dated 12.03.2014 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 40/2011 convicting the appellant under Section 302/34 IPC and awarding sentence to undergo rigorous life imprisonment together with fine and default stipulation.

(2.) As per the case of the prosecution, on 06.04.2010 at about 7.30 P.M. while the deceased Abdul Malik was returning home from Gholcherra Bazar, the appellant along with some others assaulted Abdul Malik with sharp weapons causing instantaneous death. The elder brother of the deceased, namely, Abdun Noor (PW-1) submitted ejahar (Ext. 1) on 08.04.2010 relating to the incident before the R.K. Nagar Police Station. Upon receipt such report, a case under Sections 341/302/34 IPC was registered and investigation pertaining to the same also commenced. Post-Mortem was performed on the dead body, necessary memos were drawn and statements of witnesses were recorded. The appellant was apprehended and upon completion of the investigation, charge sheet was filed.

(3.) During trial, the prosecution examined 11 (eleven) witnesses including the Medical Officer who had conducted the Post-Mortem examination as well as the Investigating Officer. The appellant was examined under Section 313 CrPC and was also heard on the point of sentence.