MD BADARUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Badaruddin was tried for the murder of Tabibulla Hazarika and his son Matlabuddin Ahmed by the Court of Sessions, Darang. He is convicted and sentenced to imprisonment for life. In addition, he was also sentenced to a fine of Rs. 1,000/- and in default of payment of fine, he was directed to undergo another 6 months rigorous imprisonment. It is against this order of conviction recorded by the Sessions Judge, Darrang in Sessions Case No. 112 (D-M) of 1977 that the convict has preferred the present appeal from jail.

(2.) The prosecution story of the occurrence as gathered from the 5 eye witnesses, is that on 1-10-74 at about 4 P.M. while Moinul Haque P.W. No. 4 was tending their cows in their land situated at Bordoulguri village, one male calf entered into a plot of land which was purchased by his father from one Hamir Ali. All of a sudden, Makibur Rahman alias Hafiz Ali (absconding accused) hurled a spear aiming towards the calf thereby causing a piercing wound on that right leg of the calf. Thereupon, Moinul Haqu P.W. 4 raised hue and cry and in response to his alarm, his father Tabibulla Hazarika, mother Chandika Begum, brother Matlibuddin and his uncle Sahabuddin rushed in. At their sight, Hafiz went to his house leaving the spear threat. While Tabibulla Hazarika and his brother Sahabuddin were holding a discussion for reporting the matter to the village Gapnbura, they suddenly heard the sound of firing of gun and when they looked round they saw accused Badaruddin standing on the boundary of his homestead land holding one fire-arm in his hand. At the same time, Tabibullah Hazarika and his son Matlibuddin fell down on the ground as they received gun shot injuries on their persons. The two injured persons were immediately taken to their house. Nur Islam Hazarika, P.W. 7 hastened to Sipajhar Police Out Post and lodged the report Ext. 6. By that time, the accused Badaruddin appeared at the police Out post and he was immediately arrested by the police. It is to be noted here that while Nur Islam Hazarika was away to police Station, the two injured persons succumbed to their injuries. Shri Tilak Chandra Saikia, a police Sub-Inspector, who was the House Station Officer of that Out Post during the relevant period, immediately forwarded the Ejahar to Mangaldoi Police Station for registration. Thereafter, he took up the investigation of the case.

(3.) During the course of investigation, he examined as many as 12 witnesses including 5 eye witnesses and seized one SBBL Gun of Belgium make Ext. 1 bearing No. Sl. 21669, two pellets Ext. 2, one sellier and Bullet, 12 bore cartridge Ext. 3, three MT. Cartridge Ext. 4, Ext. 5 and Ext. 6, one MT '12 bore sellier Bullet cartridge case Ext. 7 and another Pellet Ext. 8. It is to be noted here that according to the expert, Ext. 1 and Ext. 2 are the pellets of the shot Gun cartridge and the same were fired by using the SBBL Gun Ext. 3.