JOYNAL UDDIN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Joynal Uddin Laskar @ Jaynal Abedin has been convicted under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- for causing the death of Moriam Bibi @ Moirang Bibi, wife of Surman Ali Laskar (PW2). The appellant has also convicted for offence under Section 326 of the Indian Penal Code and sentenced to undergo imprisonment for 7 (seven) years with fine of Rs. 5000/- with default stipulations for causing grievous hurt on the person of Surman Ali Laskar (PW2). Both the sentences were ordered to run concurrently.

(2.) Ejahar in the case was lodged by Altaf Hussain Laskar (PW1) before Ghungoor Police Outpost on 105.1999, which was preceded by the General Diary Entry No. 222 dated 11.05.1999. On the basis of the said ejahar, a police case being Silchar P.S. Case No. 647/1999 was registered under Sections 341/326/302/448 IPC. Investigation of the case commenced, memos were drawn, post-mortem examination was done on Moirang Bibi, statements of witnesses were recorded and the injured witness i.e. Surman Ali Laskar (PW2) was also medically examined. Upon completion of investigation, charge-sheet against the appellant was submitted under Sections 341/326/302 IPC. The case was committed to trial and formal charge under Sections 302/326 IPC was framed against the appellant.

(3.) According to the prosecution case, on 11.05.1999, at around 7 PM the appellant had attacked Surman Ali Laskar (PW2) with sharp cutting instrument and caused grievous hurt while Surman Ali was proceeding towards his house at or near the house of one Basir Mia. Thereafter, the appellant stabbed Moirang Bibi with the dragger. Moirang died on the same evening at Silchar Medical College Hospital.