Back
IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Manash Ranjan Pathak, Mir Alfaz Ali, JJ.
Md Jakir Hussain, S/O Md. Siddique Ali – Petitioner
Versus
The State Of Assam And Anr - Respondents
Crl.A./163 of 2016, 114 of 2017, 155 of 2016
Decided On : 20-04-2021
Indian Penal Code, 1860 – Sections 302, 34 – Code of Criminal Procedure, 1973 – Section 164 – Order of Conviction – PW.1 lodged an ejahar before Police Out Post in Sonitpur district stating inter alia that on previous night his son left his house for Borguri village on a bicycle along with Rs. 3000/- to purchase a Godrej Almirah from a person, but he did not return home on that night and went missing – However on morning dead body of his son with severed head was found in field of PuroniAlimur village wherein he was identified and his bicycle was also found in place of occurrence – But money that was taken by deceased along with mobile phone that he possessed could not be found – In said ejahar informant PW.1 also stated that he suspects one JakirHussain, one JiaburRahman and Babul Ali son of Abdul Hussain as persons involved in murdering his son as those persons reside near his house and had been working as labourers along with his son for the last 4/5 months and his said son use to spent his leisure time with them – It was also stated in ejahar that those person did not come to see dead body of his son at place of occurrence nor they took part in funeral rites of his deceased son – Appeals are against same judgment and order of conviction and sentence passed by Additional Sessions Judge, in Sessions Case arising out of G.R.Case corresponding to Tezpur Police Station Case, whereby appellants were convicted under Sections 302/34 of IPC and sentenced to suffer Rigorous Imprisonment for life with fine of Rs. 1000/- each in default Rigorous Imprisonment for further 1 month each.
Finding of the court : Evidence of prosecution witnesses noted above reflects that police went to kitchen of Amir Ali's house and seized dao and a split bamboo and evidence also shows that onion was sticking to said dao that was seized by police which goes to show that daoallegedl to have been used in commission of crime by accused persons was used for other purposes and that prosecution failed to prove as to whether said seized dao was used for committing the crime as alleged or not – Though there was a claim that accused was having an illicit relation with Halima Khatun, wife of deceased so as to establish motive of causing death of said Hussain Ali, but in that regard nothing was corroborated by father of deceased. – Moreover, during investigation of case Halima Khatun wife of deceased was also arrested by police. – But as no incriminating material was found against her in investigation her name was not sent up for trial and as such prosecution also filed to prove ground of motive of murdering of deceased on ground of having illicit relation of accused Akkas Ali with Halima Khatun, wife of deceased.– Court is of opinion that due to lack of and non completion of chain of evidence and circumstances, impugned judgment and order of conviction and sentence, passed by Additional Sessions Judge, in Sessions Case cannot sustain and accordingly, we set aside and quash the said judgment and order of conviction and sentence.
Result : Appeals Allowed
JUDGMENT :
M.R. Pathak, J.
Heard Ms. A. Begum, learned counsel for the appellant Md. Jakir Hussain in Crl. A No. 163/2016, and Mr. S. C. Biswas, learned counsel for the appellant Md. Jiabur Rahman in Crl. A No. 155/2016 as well as for the appellant Md. Akkas Ali in Crl. A No. 114/2017. Also heard Ms. S. Jahan, learned Additional Pubic Prosecutor, Assam for the State respondents in all the three appeals.
2. The three appeals are against the same judgment and order of conviction and sentence dated 20.04.2016, passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 167/2013 arising out of G.R.Case No.754/2013 corresponding to Tezpur Police Station Case No.402/2013, whereby the appellants were convicted under Sections 302/34 of the IPC and sentenced to suffer Rigorous Imprisonment for life with fine of Rs. 1000/- each in default Rigorous Imprisonment for further 1 month each.
3. On 07.04.2013 one Nayab Ali (PW.1) lodged an ejahar before the Borghat Police Out Post in Sonitpur district stating inter alia that on the previous night i.e., on 06.04.2013 at about 7.00 p.m. his son Hussain Ali left his house for Borguri village on a bicycle along with Rs. 3000/-to purchase a Godrej Almirah from a person, but he did not return home on that night and went missing. However on the morning of 07.04.2013 dead body of his son with severed head was found in the field of Puroni Alimur village wherein he was identified and his bicycle was also found in the place of occurrence. But the money that was taken by the deceased along with the mobile phone that he possessed could not be found. In the said ejahar the informant PW.1 also stated that he suspects one Jakir Hussain, one Jiabur Rahman and Babul Ali son of Abdul Hussain as the persons involved in murdering his son as those persons reside near his house and had been working as labourers along with his son for the last 4/5 months and his said son use to spent his leisure time with them. It was also stated in the ejahar that those person did not come to see the dead body of his son at the place of occurrence nor they took part in the funeral rites of his deceased son.
4. On receipt of the said ejahar from PW.1 it was registered as GD Entry No.113 dated 07.04.2013 in the Borghat Police Out Post, which was forwarded to the Tezpur Police Station and accordingly Tezpur Police Station Case No. 402/2013 under Section 302/34 of the IPC was registered and police started investigating the matter. During the course of investigation the concerned Investigation Officer (I.O.) visited the place of occurrence at Jahajduba, prepared the sketch map, recorded the statement of the informant PW.1, father of the deceased at the place of occurrence itself and also recorded the statements of some of the witnesses present there, forwarded the dead body to Kanaklata Civil Hospital at Tezpur for post mortem examination. On receipt of the information from Md. Fiddus Ali @ Suraj Ali Master (PW.6) that three accused persons were apprehended by police at village Amolapam, the I.O. proceeded to that place, arrested them and recorded the statements of the witnesses from where the accused persons were taken into custody, forwarded PW.7 Md. Amir Hussain to the Magistrate for recording of his statement under Section 164 CrPC, seized the alleged dao and the bamboo stick from the house of PW 7, collected the post mortem report of the deceased, arrested accused Akkas Ali as well as Halima Khatun, wife of the deceased and on completion of the investigation, finding sufficient prima facie materials against the present appellants submitted charge sheet in the case on 25.06.2013 vide charge sheet No. 325/2013 (Exhibit-10). Since no such incriminating materials were found against the alleged arrested accused Babul Ali and Halima Khatun, they were not sent up for trial. As Section 302 IPC is exclusively triable by the Court of Sessions, the learned Magistrate by order dated 08.07.2013 forwarded the records of said
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
