MD MUJIROT KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. S. Kanungo, learned Amicus Curiae appearing for the appellant and also Mr. T.K. Mishra, learned Additional Public Prosecutor for the State of Assam and Ms. U. Das, learned counsel appearing for the informant.

(2.) This is a jail appeal directed against the judgment and order dated 04.01.2017 passed by the Sessions Judge, Jorhat in Sessions Case No.43(J-J)/2012, wherein, the appellant was held guilty of having committed the offence punishable under Sec. 302 Penal Code and sentenced him to undergo R.I. for life with a fine of Rs.20,000.00 and to further undergo rigorous imprisonment for six months in the event of default in payment of the fine imposed.

(3.) On 08.11.2011, an ejahar was lodged before the Officer-in-Charge of Teok Police Station in Jorhat district by Md. Derajat Khan stating that at about 3 pm of the same day his nephew Md. Saruba Khan was attacked by three persons, (i) Mujirat Khan with a knife causing injury on the left side of the chest (ii) Md. Jubarat Khan with a rod inflicting injury on the body (iii) and Md. Suleman Khan with khukri inflicting injury on the body. On receiving the ejahar, Teok P.S. Case No. 297/2011 under Sec. 302 read with Sec. 34 Penal Code was registered against the three persons. On completion of the investigation, chargesheet under Sec. 302 read with Sec. 34 Penal Code was submitted by the I/O and the learned Sessions Judge found that there were materials to proceed with the trial and framed the charge under the same Sections against the three accused. In support of its case, the prosecution examined as many as 17 PWs. After examination of the evidence of the witnesses, the learned trial Court came to the conclusion that only one of the accused namely Md. Mujirat Khan is guilty of the offence charged and accordingly held him guilty and sentenced him to undergo RI for life with a fine of Rs.20,000.00 and in default of payment of fine, to undergo RI for 6 months. Being aggrieved by the judgment and order, the convict has come before this Court by filing the jail appeal.