ISMAIL ALI BARBHUIYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Shri Ismail Ali Barbhuiyan was tried by the learned Sessions Judge, Cachar, Silchar under Section 302 and 324 I.P.C. in Sessions Case No. 58/96 and was convicted under Section 302 I.P.C. for causing death of Samsuddin Chowdhury and sentenced to imprisonment for life and to pay a fine of Rs.5,000/-, in default, to undergo further rigorous imprisonment for a period of two years. He was also convicted under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for a period of two years for causting injury on the person of Smti Shanta Banu Choudhury, wife of the deceased.

(2.) The prosecution case, in brief, is that on 23.9.92 at 1.30 A.M. the accused along with others entered the house of Samsuddin Chaudhury, an employee of Regional Engineering College, Silchar and stabbed Shri Chaudhury and his wife. Shri Choudhury succumbed to his injuries while his wife Smti Shanta Banu Choudhury sustained stab injuries. The occurrence was reported to the Officer-in-Charge of Ghungur Police Outpost, Silchar at 2.10 P.M. on the same date. On receapt of the ejahar, the police registered a case and took up investigation. The F.I.R. was forwarded to the Officer-in-Charge of Silchar Police Station on 24.9.92 at 10.00 A.M. and the police registered P.S. Case No. 983/92 under Section 448/302/326/34 I.P.C. Eventually on completion of investigation, the police submitted chargesheet against Md. Ismail Ali Barbhuiyan, Md.Mainul Haque and Md. Rahimuddin. The learned Magistrate, after complying with the requirements of Section 207 of the Cr.P.C. committed the case to the Court of Sessions for trial. On appearance, the learned Sessions Judge framed charge against the accused Md. Ismail Ali Barbhuiyan under Section 302 and 324 I.P.C. and, on denial thereof, proceeded with the trial.

(3.) In this case as many as twelve witnesses have been examined by the prosecution to bring home the charge of murder and assault. The learned Sessions Judge relying upon the evidence of P.W.8, Smti Shanta Banu Choudhury, awarded the verdict off guilt. Shri J.M. Choudhury, learned senior counsel appearing for the accused argued that Smti Shanta Banu Choudhury cannot be treated as a reliable eye witness of the occurrence and, as such, the conviction rendered by the learned Sessions Judge relying upon her belated statement involving the accused with the alleged crime cannot be sustained It is in this context we are to examine the statement of P.W.8, Smti. Shanta Banu Choudhury.