MD NASIRUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st of March, 1993, delivered by Sessions Judge, Tinsukia in Sessiions Case No. 70(T)/90, thereby convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with a fine of Rs. 1,000/-, or default of payment of fine to undrergo a further term of two month's R.I.

(2.) Stated in brief, the prosecution case was that on 3rd July, 1987, Albesia Mura, aged about 25 years, daughter of the informant's friend, while returning home from her place of work visited the accused, a Tailor, to collect some clothes given to him for stitching. It is alleged that the accused- appellant murdered her, and the post-mortem examination report is in indication, after having attempted to molest her as is evident from the multiple bruishes and abrasion found by the Doctor, P.W.-7, around her vagina and opined to be ante-mortem. The first information report Ext. 1, was lodged by P.W.-2 Mongra Orang, apparently there was delay in lodging the FIR but the delay has also been explained in the FIR itself. On the basis of this report a case under Section 302 IPC was registered and taken under investigation conducted by P.W.-8. On receiving the information P.W.-9 visited the place of occurrence at Tengalia in Bordubi Tea Estate. The dead body was found lying in a drain by the side of the road from about 20 yards away from the house of the accused. It was in a decomposed condition. An inquest was prepared as per Ext. 2, the dead body was sent for post-mortem examination, performed by P.W.-7. P.W.-8 arrested the accused, in pursuance to an Ejahar dated 4.7.87 lodged by Manager of the Tea Estate, which resulted in registration of a case of unnatural death. On completion of investigation, the accused was charged and tried for the above offence. His defence at the trial as can be gathered from his statement recorded under Section 313 Cr.P.C. and the defence evidence adduced by him, was one of alibi.

(3.) The learned trial judge rejecting the accused's plea of alibi found him guilty of offence cliarged and sentenced him to life imprisonment with a fine of Rs. 1,000/- as already noted above. Hence this appeal.