MAMUDA BEGUM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Moinul Hoque Choudhury along with Mr. M.K. Choudhury, learned counselsfor the accused appellants. Also heard Ms. Barnali Bhuyan, learned Additional Public Prosecutor, Assam for the State respondent No. 1. Though notice on the respondent No. 2, informant of the case, was served, but he did not enter appearance in the matter.

(2.) This criminal appeal is preferred by the accused appellants, namely, (1) Mustt. Mamuda Begum and (2) Md. Abdul Ali, against the judgment and order dated 18.02.2017, passed by learned Additional Sessions Judge, Sonitpur, Tezpur, in Sessions Case No. 136/2011, corresponding to G.R. Case No. 1856/2009, arising out of Dhekiajuli Police Station Case No. 322/2009, whereby the appellants have been convicted under Sections 302/201/34 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 20,000/- each, in default of payment of fine, simple imprisonment for 3 (three) months each, for the offence under Section 302 IPC and rigorous imprisonment for 5 (five) years with fine of Rs. 5,000/- each, in default of payment of fine, simple imprisonment for 1 (one) month each, for the offence under Sections 201/34 IPC, where both the sentences to run concurrently.

(3.) The prosecution's case, as it emerges from the First Information Report dated 06.10.2009 (Exhibit-2) lodged by the informant Nabi Hussain (PW.2), the Secretary of Village Defence Party (VDP) of Medhi Chuburi Village, before the Officer-in-Charge of Dhekiajuli Police Station is that the said informant prior to 10/12 saw his neighbour Md. Haidar Ali involved in 'marpit' (fighting) with his brother Abdul Ali and mother Musstt. Mamuda Begum and since then, said Haidar Ali went missing. On 06.10.2009 morning the informantwith his co-villagers went to the house of Haidar Ali and enquired Mamuda Begum about him and then Mamuda Begum confessed that shealong with Abdul Ali had killed Haidar Ali and by digging a hole in the ground, buried him in the kitchen. By the said FIR, the informant requested the O.C. of Dhekiajuli Police Station to investigate the matter as well as to take necessary action against the accused persons and to do the needful.