NASIR AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of Judgment dated 7.9.93 delivered by Sessions Judge, Tinsukia in Sessions Case No. 101(T)/89 thereby convicting the appellant U/Sis 302/448 I.P.C. and sentencing him to undergo imprisonment for life with a fine of Rs. 1,000/- or in default of payment of fine to suffer 3(three) months R.I. and 6(six) months R.I. for an offence punishable under Section 448 I.P.C. The sentences are directed to run concurrently.

(2.) The prosecution case, stated in brief, was that the accused and the complainant ware residing in quarters of Namdang Colliery. They are neighbours. On 1st of March, 1987, the accused committed criminal trespass by intruding into the quarter of deceased Subra Khatun and demanded money from her. As she refused, a heated exchange of words followed. The accused is alleged to have stabbed Subra Khatun resulting in following injuries :-

(3.) The prosecution examined as many as 6(six) witnesses to prove the charge including the I/O, P.W.-6 and the doctor, P.W.-5 who performed postmortem examination. P.W.I Padam Bahadur Magar turned hostile at the trial. P.W.-2 Hasina Begum is the daughter-in-law of the deceased while P.W.-3 Ali hussain is the son and P.W.-4 is scribe of the ejahar. Thus, the prosecution case, really speaking, hinges on the testimony of P.Ws 2 and 3. The trial Court without even adverting to the explanation offered by the accused in his statement recorded under Section 313 Cr. P.C. much less considering the same along with prosecution evidence found him guilty of the offence charge, essentially on the basis of evidence of P.W.-2 Hasina begum and convicted and sentenced him as stated above. Hence this appeal. Mr. A.Roy, learned counsel appearing for the appellant, inviting attention to glaring contradictions and infirmities in the evidence of P.Ws-2 and 3 submitted that there was no legal evidence to sustain conviction. The investigation of the case was extremely partisan and perfunctory. The trial Court mis-appreciated the evidence to record conviction. Mr. Joginder Singh, learned Public Prosecutor on the other hand supported appellant's conviction which according to him is well founded on reliable evidence.