MUKUL SK@ MUKUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal under Sec. 374[2], Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short] is directed against a Judgement and Order dtd. 19/4/2022 passed by the Court of learned Sessions Judge, South Salmara - Mankachar in Sessions Case no. 19 of 2021 [New]Sessions Case no. 339 of 2018 [Old]. By the Judgment and Order dtd. 19/4/2022, the accusedappellant has been convicted for the offence of murder under Sec. 302, Indian Penal Code [IPC] and he has been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000.00, in default of payment of fine, to undergo simple imprisonment for another month.

(2.) It was on 26/6/2017, a First Information Report [FIR] was lodged before the In-Charge, Kalapani Out Post, Kalapani by one Md. Aizal Hoque as the informant. In the FIR, the accused-appellant and one Hamida Khatun were named as accused. It was inter-alia alleged that at around 03-30 p.m. on 25/6/2017, a cow of the informant's nephew, Mozidur Rahman tore the tether and entered the vegetable garden of the accused persons. The accused persons caught the cow and took it to their house. The cow was thereafter, kept tied in their house compound. The informant further stated that when Mozidur Rahman was on his way to bring the cow back, the accused-appellant, with the help of Hamida Khatun, way laid Mozidur Rahman on the public road near their house and hacked him on his neck with a beki dao. As a result, the head of Mozidur Rahman got severed from his body. Blows were also dealt on other parts of the person of Mozidur Rahman with the dao. Mozidur Rahman died instantaneously on the spot. Later on, the neighbours and the informant informed the InCharge, Kalapani Out Post about the incident and handed over the deadbody.

(3.) On receipt of the FIR, the In-Charge, Kalapani Out Post registered the same vide General Diary Entry no.380 dtd. 26/6/2017 and thereafter, forwarded the FIR to the Officer In-Charge, Mankachar Police Station for registering a case under proper Sec. of law while taking up the investigation of the case himself. On receipt of the FIR, the Officer In-Charge, Mankachar Police Station registered the same as Mankachar Police Station Case no. 506/2017 [corresponding G.R. Case no. 636/2017] under Ss. 341/326/302/34, IPC on 27/6/2017 and allowed the In-Charge, Kalapani Out Post to carry on with the investigation.