MD MANTAZ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE legality of the judgment of conviction and sentence passed by the learned Additional Sessions Judge, dhubri in Sessions Case No. 85 of 1992 has been questioned in the instant appeal whereby and whereunder the appellant herein was convicted under Section 302 of the Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprison-ment (RI for short) for life and fine of rs. 25. 000/- (Rupees Twenty Five thousand)only, in default, RI for another three years with a further direction that on realization of fine, Rs. 10,000/- (Rupees Ten thousand)only each may be given to the parents of the victims as compensation.

(2.) BEFORE answering the legal issues raised by the learned counsel appearing for the parties, it would be appropriate to narrate the brief facts where under the prosecution was launched against the accused appellants:-On the fateful day of 17. 7. 1989, at about 3 to 3. 00 p. m. , Ms. Gita basumatary, daughter of Somen basumatary (PW1) and Ms. Urmila basumatary, daughter of Deben basumatary of village Malgaon, under salkocha outpost of Chapar Police Station went to Solmari gaon for collecting the leaves of silk worm but did not return till dusk. The inmates of the family of Ms. Urmila Basumatary including the brother of Gitarani went out to search them and came to know from Md. Farid Ali and Md. Salam sheikh of village Solmari that Gitarani and Urmila were last seen by them when both the girls boarded the boat of Hazarat Ali. Thereafter, the inmates of the family of both the girls went to the house of Hazarat Ali and found hazarat Ali along with Mantaz Ali in the house. On query, Hazarat Ali gave a passive reply at the hints of Mantaz ali that he did not see them in the afternoon nor gave any ferry to them to the other side of the Beel by his boat. On the request of the inmates of the family of the missing girls for accompanying them in search with his boat, hazarat Ali avoided the request and asked them to take the help of his father. His father accompanied them but they did not find the girls. On the following day the search party traced out the dead bodies of both the girls from Solmari beel and both the dead bodies were brought near Solmari primary School and the matter was reported to in-charge of the Salkocha police outpost on 18. 7. 1989 on which ud Case No. 7/89 of Chapar PS case was registered. In-charge of the police outpost immediately rushed to the spot and found multiple injuries with fatal cut injury on the neck of the victims by sharp cutting weapon. The in-charge came to a conclusion that it was a case of murder. Therefore, he lodged a formal 'ejahar' (Ext. 7) on 19. 7. 1989 before the Officer-in-Charge (OC for short) Chapar Police Station in reference to UD Case No. 7/89 and accordingly, the OC of Chapar Police Station registered a case under Section 302/ 34, IPC being Chapar Police Station case No. 109/89 and investigation to the case was entrusted to Mr. Nagen saikia, PW9.

(3.) THEREAFTER, the Investigating Officer (I/o for short) (PW9) took over the charge of investigation and made an inquest on the dead bodies of both the girls (Exts. 5 and 6)and sent the dead bodies to Dhubri Civil hospital for post-mortem examination. The doctor accordingly conducted post-mortem examination on the bodies of both the victim girls on 19. 7. 1989 and found fatal incised injuries on the neck of the dead bodies (Exts. 2 and 3 ). The I/o has seized some clothes from the place of occurrence stated to have been taken by the victims for carrying 'palu pat' (Ext. l ). He had also seized one boat from Ainuddin Sheikh (PW5) vide Ext. 4 which was stated to be used by the accused before and after the crime. Witnesses were examined by him viz. , Md. Farid Ali, Md. Abdul Salam Sheikh, Md. Ibrahim Khan and Mustt. Pochaki Khatoon @ Pocha khatoon (PW7) and their statements were recorded under Section 164 of the Code of criminal Procedure (Code for short ). From the initial materials available on record at the early part of the investigation, the I/o came to a decision that Hazarat Ali and mantaz Ali had committed the crime since both of them were absconding from their houses with effect from 17. 7. 1989.