LAWS(GAU)-2009-1-17

RONGAI ALIAS HASMAT ALI Vs. STATE OF ASSAM

Decided On January 28, 2009
Rongai Alias Hasmat Ali Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 15. 5. 2003 passed by the learned Sessions Judge, Golaghat, in Sessions Case No. 71/2002 convicting the accused appellant under Section 302 of the Indian Penal Code (hereinafter referred to as "the Code") and sentencing the accused appellant, Md. Rongai alias Hasmat Ali to suffer rigorous imprisonment for life, and also pay a fine of Rs. 2,000/-, in default to undergo regorous imprisonment for another period of two months.

(2.) WE have heard Mr. S. S. S. Rahman, learned counsel, appearing for the accused appellant and Mr. K. C. Mahanta, learned Public Prosecutor, Assam, for the respondent.

(3.) ON the basis of the FIR (Ext. 1) aforesaid, Golaghat Police Station Case No. 204/2000 under Sections 498 (A)/307/326/34 of the Code was registered against the accused appellant and his mother Mustt. Sakhina Begum. Police launched investigation into the case and on completion of investigation, charge sheet was laid against the accused appellant and Mustt. Sakhina Begum for the offences under Section 302/34 of the Code. The case being one triable exclusively by the Court of Session, the learned Sessions Judge, Golaghat on 3. 9. 2002 framed charge against Md. Rongai Ali and Mustt. Sakhina Begum to which the accused appellant pleaded not guilty and claimed to be tried in accordance with law. In the trial, prosecution examined as many as 7 witnesses including the Medical Officers, who conducted the post-mortem examination on the dead body and recorded the dying declaration; and the investigating officer. The accused appellant was examined under Section 313 of the Criminal Procedure Code and he claimed to be innocent. The accused person examined 2 defence witnesses including the accused appellant himself.