HUSSAIN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This jail appeal arises out of judgment and order dated 15.11.95 as passed by the Sessions Judge, Nagaon in Sessions Case No. 217(N)/ 95 thereby holding the appellant guilty of offence punishable under Section 302 IPC and sentencing him to undergo imprisonment for life.

(2.) The conviction is based on plea of guilt as pleaded by the accused appellant. Prosecution case stated in brief was that on the fateful night of 11.6.95 the accused and his wife alongwith their own son were sleeping together in the Kitchen room of his brother-in-law Hamid Ali. It is alleged that the accused dealt a dao blow on the neck of his wife Mustt. Sahera Khatun as a result of which she met with instantaneous death. The accused appellant fled away from the scene. A report to this effect was lodged by Abdul Hamid at the outpost of Police Station, Samaguri next day morning around 12 noon. The place of occurrence is about 10 Kms, away from the Police Station as can be gathered from the FIR. It was initially entered in the G.D. Entry Book at Serial No. 188 dated 12.6.95 and subsequently forwarded to Samagruri P.S. for registration. Accordingly a case under Section 302 IPC was registered and taken under investigation. During investigation the incriminating article, weapon of offence was recovered and statement of witnesses got recorded under Section 164 Cr.P.C. On completion of investigation the accused was charged and tried for the above offence. The trial Court upon consideration of the record of the case and the document submitted therewith framed charge u/s 302 IPC against the accused and convicted him on his pleading of guilt to the charges and sentenced him to undergo imprisonment for life. Hence, this appeal from jail.

(3.) Since the appellant was unrepresented Mr. M. Bhuyan was appointed as amicus curiae. But when this appeal is taken up for hearing it is regretted to note that he is not available. We requested Mr. T.Islam, who is present in the Court to appear and assist the accused appellant. He acceded to the request, but prayed for some time to prepare for the case which was accordingly granted.