MD GIASUDDIN AHMED Vs. STATE OF ASSAM,

JUDGEMENT

(1.) THE appellant, Md. Giasuddin Ahmed, has been convicted by the Sessions Judge, Gauhati, under Section 302 of the Penal Code and sentenced to rigorous imprisonment for life.

(2.) THE facts material for the purpose of disposal of this appeal may be stated as follows : - On 23.10.1972 at about 12 or 12.30 p.m. Osman Gani, deceased, a teacher of Lachima Sarkari Buniadi Bidyalay, was sitting in a conference with his colleagues, P. Ws. 2, 3 and 4, inside the school hall. Suddenly the appellant entered the room with a dagger and stabbed him at his neck and ran away. Osman died on the spot 3/4 minutes after the assault. Hearing the outcry raised by the school children, people gathered there. The dead body was then brought outside the school and kept under a tree by the side of the P.W. D. road P.W. 9, Khaibor Ali, who is also a teacher of another school and who was at his residence at the time, was informed about the incident by P.W. 8, Nazim Ali. P.W. 9 immediately came on a bicycle and saw the dead body of Osman Gani, who was his nephew. P.W. 9 went to the Doulasal Police Out Post and lodged a written report there. The report was sent to the Nalbari Police Station where a case was registered. The police investigated into the case and in due course submitted a charge sheet against the appellant under Section 302 of the Penal Code. The committing Magistrate, after preliminary enquiry, committed the appellant to the Court of Session to stand his trial under Section 302 of the Penal Code.

(3.) THE appellant pleaded not guilty to the charge. He pleaded alibi. His plea was that at the relevant time he was absent from home.