HALIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE short fact of the case is that the housewife Musstt. Rumija Begum was attacked in her house on 7-10-1999 at around 8 p. m. while her husband was offering prayer in the nearby mosque, by a young man accused-Halim Ali with a dagger inflicting injuries on several parts of her body including neck and hand. She was found lying in a pool of blood and was immediately rushed to Mangaldoi Civil hospital. As her condition was serious, she was sent to Guwahati Medical College Hospital, who succumbed to her injuries on 9-10-1999 at 1. 10 a. m. On the basis of a written Ejahar dated 8-10-1999 lodged by Md. Karim Ali, husband of the deceased, a crime being Sipajhar P. S. Case No. 138/1999 was registered under S. 448/326,1. P. C. Subsequently, offence under S. 302, I. P. C. was added thereto after the death of the injured rumija Begum. On completion of investigation charge-sheet was laid against the accused. On committal the trial proceeded in the Court of ad hoc Additional Sessions judge, Darrang, Mangaldoi. Charges under s. 448/302, I. P. C. were framed against the accused-Halim All who pleaded not guilty and claimed to be tried.

(2.) THE prosecution examined as many as 11 witnesses but the defence examined none. The learned trial Court by judgment and order dated 29-3-2004 passed in Sessions case No. 125 (DMFD/01 convicted the accused under S. 445, I. P. C. for which he was sentenced to undergo rigorous imprisonment for three years with fine of Rs. 2,000/- in default to undergo another period of rigorous imprisonment for three months and also convicted under S. 302, i. P. C. for which he was sentenced to undergo rigorous imprisonment for life with fine of rs. 3,000/- in default to undergo another period of rigorous imprisonment for six months. Both the sentences should run concurrently. The present appeal is preferred against the aforesaid judgment and order.

(3.) WE have perused the records of the case and the impugned judgment and order and heard Mr. J. M. Choudhury, learned senior counsel for the appellant assisted by Mr. B. M. Choudhury and also heard Mr. B. B. Gogoi, learned Additional PP, Assam.