SANSAB ALI MONDAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal by the convicts is directed against the Judgment of conviction dated 05. 06. 2008 passed by the learned Sessions Judge, Kokrajhar, in Sessions Case No. 143/2005 convicting the appellants under Section 302/34 IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs. 5,000/- each, in default to suffer rigorous imprisonment for 6 (six) months.

(2.) A criminal investigation was set in motion on lodging of the First Information Report (FIR) by Md. Atowar Ali Paramanik (PW 1) with the Officer-in-Charge of Bhawraguri Police Outpost under Gosaigaon Police Station on 14. 04. 2005 at about 4. 30 P. M. alleging that the appellants on 13. 04. 2005 entered into the house of his younger sister, whom the appellant No. 1 married 12/13 years ago and strangled her with a rope. The informant in the said FIR has also stated that after the second marriage of the appellant No. 1 with the appellant No. 2 about 3 years ago, both of them started quarrelling with his sister, the first wife of the appellant No. 1. On the basis of the said FIR, G. D. Entry No. 319 dated 14. 04. 2005 was initially made in the Outpost and thereafter Gosaigaon P. S. Case No. 57/2005 under Section 302/34 IPC had been registered. The investigating agency during the investigation prepared the inquest report, made the seizures, prepared the sketch map and send the dead body for post mortem examination. The statements of the witnesses were also recorded under Section 161 Crpc by the Investigating Officer. On completion of investigation the appellants were charge-sheeted under Section 302/34 IPC. The case being exclusively triable by the Court of Sessions, the learned Magistrate vide order dated 12. 12. 2005 committed the case to the Court of Sessions. The learned Sessions Judge, Kokrajhar vide order dated 27. 02. 2006 framed charge under Section 302/34 IPC against both the appellants, which was read over and explained to them to which they pleaded not guilty and claimed to be tried.

(3.) THE prosecution in order to bring home the charge against the appellants examined 10 (ten) witnesses, namely, Md. Atowar Ali Paramanik (PW 1), who lodged the FIR; Md. Jabbar Ali Paramanik (PW 2), Md. Gulzar Ali Paramanik (PW 3), Musstt. Ahila Bibi (PW 4); Abdul Rahman Mandol (PW 5); Farhad Ali Paramanik (PW 6); Dr. Anil Kr. Brahma (PW 7); Sarbhan Bibi (PW 8); Md. Abbas Ali Sk. (PW 9); and Shri Hriday Kalita (PW 10), the Investigating Officer. The prosecution also exhibited the FIR as Exhibit-1, the post mortem examination report as Exhibit-2, the seizure list by which two pieces of plastic ropes were seized as Exhibit-3, the inquest report as Exhibit-4, the charge-sheet dated 31. 08. 2005 as Exhibit-5 and the G. D. Entry No. 319 dated 14. 04. 2005 as Exhibit-6. After the examinations of the prosecution witnesses, the appellants were examined under Section 313 Crpc. No defence witness, however, was examined by the appellants.