MD ILIMUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant - Md. Ilimuddin has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation. The appellant has also been convicted under Section 201 of the Indian Penal Code and sentenced to rigorous imprisonment for two years and fine of Rs. 3000/- with default stipulation. The jail sentences have been directed to run concurrently.

(2.) The victim of the incident was Samsul Hoque, aged about 60 years. He was a resident of village No.1 Orang Basti, North Lakhimpur, Assam and a co-villager of the appellant.

(3.) According to the prosecution case, Samsul Hoque was the Muajjin/Imam of Hazipur Jamma Mosque in the village. He used to go to the mosque in the wee hours to perform Ajan. Like any other day, on 29/01/2013, he went to the Mosque at about 3:30 a.m., on his bicycle. But, as nobody heard his Azan for quite some time, his wife-Mulukjan Bibi (PW-1), his two sons-Md. Khalil (PW-3) and Abdul Malek (PW-12) being anxious came out of their house in search of him. To their utter shock and dismay, they found the dead body of Samsul Hoque being partially buried in the dry river bed of Mora - Singara River, which flows nearby their house. The head of Samsul Hoque was partly protruding while his rest part of the body was under the sand. The news of discovery of the dead body of Samsul Hoque spread like a wild fire and the villagers assembled at the place of occurrence immediately.