BHUBAN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Bhuban Saikia has been convicted under Sec. 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000.00 with default stipulation. He has also been convicted under Sec. 394/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000.00 with default stipulation.

(2.) The victim of the incident was Azizur Rahman @ Bhaity Ali, aged about 28 years.

(3.) According to the prosecution case, on 18.07.2007, Dr. Haidor Hussain (PW-2), a veterinary doctor of Golaghat, called his younger brother Imran Hussain (PW-1) and asked him to send his car to fetch him home at the early hours on the next day i.e. on 19.07.2007. Accordingly, Imran sent his Maruti Alto car to Golaghat with his driver Azizur Rahman @ Bhaity Ali at about 4 a.m. But on way, Azizur Rahman was intercepted by the appellant, Deuta Chetry and Mohan Das and was murdered and his body was thrown near Kachajan. Thereafter, they stole the vehicle and while they were driving rashly to escape, they met with an accident. When the car dashed making a big sound, Nabin Gogoi (PW-5) who heard the sound from his house, came out to find the car meeting with the accident and also found Bhuban, Deuta and Mohan inside the car. On interrogation, when he could not get satisfactory reply, Nabin informed the Titabar Police Station over phone.