BASIRUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. K. K. Gupta, learned Amicus Curiae. Also heard Mr. B. B. Gogoi, learned P. P. , Assam.

(2.) THIS criminal appeal from jail is directed against the judgment and order dt. 29. 9. 01 rendered by the Sessions Judge, Karimganj in Sessions Case No. 64/98 whereby the appellant was found to be guilty of killing one Amzad Ali and accordingly he was convicted under Section 302 IPC and sentenced accordingly to undergo rigorous imprisonment for life with a fine of Rs. 1000/-, in default, 2 months simple imprisonment.

(3.) THE prosecution case, in short, may be noticed. On 28. 11. 97, one Khudeja Bibi, PW-3, lodged an ejahar with Ratabari Police Station alleging that some 4/5 days ago her husband Amzad Ali went to Karimganj Motor Workshop for getting a truck repaired. Finding no information about him, on 28. 11. 97 she sent her son Sirajuddin, P. W. 1 to enquire about her husband. Her son on the same day afternoon returned from Karimganj and informed her that his father would return at night. However, on 29. 11. 97 she came to know from some persons that on previous day when her husband visited his father-in-law's house, Basiruddin, the appellant, at Ratabari village on his way back home, the appellant assaulted her husband to death and thereafter the said Basiruddin surrendered himself in the police station.