STATE OF MIZORAM Vs. ABDUL JALIL

JUDGEMENT

(1.) - The present criminal reference has been preferred under Rule 9 of the Rules for the Regulation of the Procedure of Officers Appointed to Administer justice in the Lushai Hills, 1937 in connection with judgment and order dated 30. 08. 2006 passed by the District Magistrate, kolasib in CRL TR. No. 198 of 2003 in reference of the offence under Section 302/ 384/34 of I. P. C. read with Section 25 (lb) (a)of the Arms Act, whereby, for the murder of k. K. Nath, two accused persons, namely, monir Ali Laskar and Anwar Hussain laskar have been found guilty under section 302/384/34 of I. P. C. read with Section 25 (lb) (a) of the Arms Act and accused monir Ali Laskar has been convicted and sentenced for life imprisonment and to pay a fine of Rs. 10,000, in default of payment of fine, simple imprisonment for another 2 (two) years and accused Anwar Hussain laskar has been convicted and sentenced for life imprisonment and to pay a fine of rs. 5,000, in default of payment of fine, simple imprisonment for another 1 (one)year.

(2.) IN order to deal with the present criminal reference, it is necessary to give details of the prosecution story in a nutshell as below: on 20. 8. 2003 at 03. 30 p. m. , a written ejahar was submitted by Hav. Rualdosanga of 1st IR Bn. Zophai Post to Officer-in-Charge, Bairabi Police station stating that on 20. 8. 2003 at 1 p. m. when Hav. K. K. Nath of Zophai post went out on confidential duty in full uniform carrying his service carbine, he was brutally murdered by 5 (five) assailants, namely, (1) Abdul jalil, (2) Anwaruddin S/o Abdul Jalil, (3) Amiruddin S/o Abdul Jalil, (4)Monir Ali S/o Mosaid Ali and (5)Nabibur Rahman S/o Monir Ali, all of zophai working in paddy field and the said accused also snatched away his service carbine and its ammunition. As such, a BBI P. S. Case No. 16 of 2003 under Section 302/384/34 of I. P. C. read with Section 25 (lb) (a) of the Arms Act was registered and duly investigated into against them.

(3.) INQUEST over the dead body was conducted and the Medical Officer, SHC kawnpui conducted post-mortem examination on the body of the deceased, search and seizure were also made. The confessional statements of Monir Ali Laskar and Anwar hussain Laskar were recorded under Section 164 of Cr. P. C. During the course of investigation, it was learnt that one Ajmot Ali was also involved in the case. After commission of the offence, accused Monir Ali Laskar surrendered before the Officer-in-charge, jamira Police Petrol Post with carbine and ammunition which they snatched away from hav. K. K. Nath (deceased ). The Investigating Officer of Katlicherra Police Station arrested 4 accused persons, namely, (1) Amir hussain, (2) Habibur Rahman, (3) Monir Ali and (4) Anwar Hussain. Amir Hussain and habibur Rahman were said to be minor, therefore, they were forwarded to Juvenile home at Silchar. However, Abdul Jalil and ajmot Ali were still absconding and their whereabouts were not known.