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IN THE HIGH COURT OF GAUHATI
R.B. MISRA AND P.K. MUSAHARY, JJ.
State of Mizoram – Appellant
Vs.
Abdul Jalil and Ors. – Respondent
Decided On: 25.01.2008
Criminal Reference - Judgment and Order - Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937 - Section 302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act
Fact of the Case:
The case involved the murder of a police officer while on duty, resulting in the conviction of two accused persons under Section 302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act.
Finding of the Court:
The court found the accused guilty based on witness testimonies and confessional statements, leading to their conviction and sentencing to life imprisonment.
Issues: The issues revolved around the admissibility of evidence, proper recording of the accused's statements, and the legal formalities during trial.
Ratio Decidendi: The court emphasized the importance of properly recording the accused's statements under Section 313 of Cr.P.C. and the admissibility of relevant documents and evidence in trial proceedings.
Final Decision: The judgment and order convicting the accused were set aside, and the case was remanded for adjudication from the stage of Section 313 Cr.P.C. onwards, with instructions to consider all relevant documents and provide the accused an opportunity to explain their part.
R.B. Misra, J.
1. The present criminal reference has been preferred under Rule 9 of the Rules for the Regulation of the Procedure of Officers Appointed to Administer Justice in the Lushai Hills, 1937 in connection with judgment and order dated 30.08.2006 passed by the District Magistrate, Kolasib in CRL TR. No. 198 of 2003 in reference of the offence Under Section 302/384/34 of I.P.C. read with Section 25(1-B(a)of the Arms Act, whereby, for the murder of K.K. Nath, two accused-persons, namely, Monir Ali Laskar and Anwar Hussain Laskar have been found guilty Under Section.302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act and accused Monir Ali Laskar has been convicted and sentenced for life imprisonment and to pay a fine of Rs. 10,000/ -, in default of payment of fine, simple imprisonment for another 2(two) years and accused Anwar Hussain Laskar has been convicted and sentenced for life imprisonment and to pay fine of Rs. 5,000/-, in default of payment of fine, simple imprisonment for another 1 (one) year.
2. In order to deal with the present criminal reference, it is necessary to give details of the prosecution story in a nutshell as below.
On 20.08.2003 at 03:30 p.m., a written ejahar was submitted by Hav. Rualdosanga of 1st IR Bn. Zophai Post to Officer-in-Charge, Bairabi Police Station stating that on 20.08.2003 at 1 p.m. when Hav. K.K. Nath of Zophai Post went out on confidential duty in full uniform carrying his service carbine, he was brutally murdered by 5 (five) assailants, namely, (1) Abdul Jalil, (2) Anwaruddin S/O Abdul Jalil, (3) Amiruddin S/O Abdul Jalil, (4) Monir Ali S/O Mosaid Ali and (5) Nabibur Rahman S/O Monir Ali, all of Zophai working in paddy field and the said accused also snatched away his service carbine and its ammunition. As such, a BBI P.S. Case No. 16 of 2003 Under Section 302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act was registered and duly investigated into against them.
3. Inquest over the dead body was conducted and the Medical Officer, SHC Kawnpui conducted post mortem examination on the body of the deceased, search and seizure were also made. The confessional statements of Monir Ali Laskar and Anwar Hussain Laskar were recorded Under Section164 of Cr. PC. During the course of investigation, it was learnt that one Ajmot Ali was also involved in the case. After commission of the offence, accused Monir Ali Laskar surrendered before the Officer-in-Charge, Jamira Police Petrol Post with carbine and ammunition which snatched away from Hav. K.K. Nath (deceased). The Investigating Officer of Katlicherra Police Station arrested 4 accused-persons, namely, (1) Amir Hussain, (2) Hasibur Rahman, (3) Monir Ali and (4) Anwar Hussain. Amir Hussain and Habibur Rahman were said to be minor, therefore, they were forwarded to Juvenile Home at Silchar. However, Abdul Jalil and Ajmot Ali were still absconding and their whereabouts were not known.
4. A prima Facie case Under Section 302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act was found established after investigation against accused (1) Abdul Jalil S/O Monohar Ali, (2) Monir Ali Laskar S/O Mosaid Ali Laskar, (3) Anwar Hussain Laskar S/O Abdul Jalil Laskar, (4) Amir Hussain Laskar S/o Monir Ali Laskar and (5) Ajnoid Ali S/O Jojonnath, all of Kachurthol Police Station, Katlichera District Hailakandi. Accused Monir Ali Laskar and Anwar Hussain Laskar were arrested and forwarded in judicial custody and rest four are still absconding.
5. The charge Under Section 302/384/34 of I.P.C. read with Section 25(1-B)(a) of the Arms Act was submitted against accused Anwar Hussain Laskar and Monir Ali Laskar.
6. The confessional statement of accused Monir Ali Laskar was taken on 11.11.2003 before the Magistrate, 1st Class at Kolasib where he confessed that on 20.08.2003 when he was at field harvesting his paddy, all of a sudden one stranger holding a gun directed him to hand over 5 kgs of paddy along with Rs. 2,000/-. Sinc
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