MD BILAL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal is directed against the judgment and order dated 28.03.2016, passed by the learned Sessions Judge, Darrang, Mangaldai, in Sessions Case No.72(M)/2015. By the said judgment, the appellant was convicted under Section 302 IPC and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) We have heard Mr. C Bhattacharyya, learned Amicus Curiae and Mr. BJ Dutta, learned Addl. Public Prosecutor, Assam for the State respondent, who have also taken us through the evidence and materials available on record. We have also heard Mr. A Ahmed, learned counsel for the respondent No.2.

(3.) As per the prosecution case, on 04.01.2012, while the victim Muslim Ali was proceeding to Balugaon Bazar, the accused/appellant Billal along with two others restrained him on Khokjani road, near the house of the informant and the appellant Billal stabbed the victim on his stomach by dagger. Immediately, the victim was shifted to Hospital, where he succumbed to the injuries. PW-1, father of the victim lodged the FIR, Exhibit-3, on the basis of which, Kharupetia PS Case No.8/2014 under Section 120(B)/302/34 IPC was registered and investigation commenced. During investigation, inquest report was prepared by Investigating Officer and postmortem examination was conducted by (PW-8) Dr. Phanindra Choudhury.