GAUTAM MANDAL @ PALTU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Gautam Mandal @ Paltu has been convicted under Section 302 of the Indian Penal Code and sentenced to suffer Rigorous imprisonment for life and fine of Rs.5000/- with default stipulation. He has also been convicted under Section 380 of the Indian Penal Code and sentenced to suffer Rigorous imprisonment for 3 (Three) years and fine of Rs.1000/-, with default stipulation.

(2.) The victim of the incident was Jahanara Begum @ Ranju Begum. She was 50 years at the time of her death.

(3.) According to the prosecution case, on the date of occurrence i.e. 09/03/2012, Sub-Inspector Abdul Mondal Khandakar (PW-1) was serving as the In-Charge of Dadgiri Police Out-Post under Basugaon Police Station. He resided in his officially allotted quarter situated in the campus of that Police out-post together with his wife-Jahanara Begum-the victim. A few days before the incident, he sold some plot of lands and kept a sum of Rs.4,00,000/- in cash in two trunks in his quarter. Appellant -Gautam Mandal @ Paltu was driver of a Pick-up van, which was requisitioned by the police and at that relevant time, it was at the disposal of Abdul Mondal. Abdul Mondal was scheduled to go to Basugaon Police station in the morning on that day and appellant was detailed to accompany him. But at about 6:30 A.M. appellant called constable Basudev Kisko (PW-5) and told him that he would not be able to accompany Abdul Mondal as he had some work at a place called Khabrabari and so requested Basudev to accompany Abdul Mondal.