AZIZUR RAHMAN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Azizur Rahman Choudhury has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation.

(2.) The victim of the incident was Ajimuddin Choudhury, aged about 60 years. He was also an elder brother of the appellant.

(3.) According to the prosecution case, appellant and Ajimuddin Choudhury lived in their respective houses. The houses had a common compound and were situated at village Jatrapur Badripur falling within the jurisdiction of Police Station Silchar, District Cachar. Their sister Rabia Khatun (P.W.2) and uncle Faijur Rahman Choudhury also lived in the neighbourhood. Ajimuddin Choudhury although had some dispute with the appellant over a plot of land, he wanted an amicable settlement with the intervention of Faijur Rahman Choudhury. On 15.5.2002, at about 9.30 am, he therefore along with his wife Ajija Begum (P.W.1), went to the house of Faijur Rahman Choudhury to discuss settlement. At that time, Raimun Nessa (P.W.3) was also present in the house. She is daughter-in-law of Faijur Rahman Choudhury. After a brief talk, Faijur Rahman Choudhury advised Ajimuddin Choudhury to come again on the next day. Accordingly, both Ajimuddin and Ajija Begum stepped out from the house of Faijur Rahman Choudhury. The appellant then suddenly appeared before them and without any provocation stabbed a dagger in the left side of the chest of Ajimuddin who fell on the ground bleeding profusely. Seeing this, Ajija Begum yelled for help. The appellant being alarmed fled from the scene of occurrence. Hearing the outcry of Ajija Begum, Rabia Khatun (P.W.2) rushed towards the scene of occurrence and saw appellant running away from there. She also found Ajimuddin Choudhury lying wounded on the ground. On her asking, Ajija Begum disclosed that appellant had stabbed Ajimuddin Choudhury. The stabbing of Ajimuddin Choudhury was so forceful that he died on the spot. Ajija Begum lodged the ejahar exhibit 1 at Police Station Silchar on the following morning wherein she categorically named the appellant as an assailant of Ajimuddin Choudhury.