Criminal Appeal No.345 of 2013. Case: Md. Hafizur Rahman and Anr. Vs State of Assam. Guwahati High Court

Case NumberCriminal Appeal No.345 of 2013
CounselFor Appellant: Mr. M. A. Sheikh, Advocate. Ms. F. Intaz, Advocate. and For Respondent: Ms. Shamima Jahan, Addl. Public Prosecutor.
JudgesN. Chaudhury, J.
IssueIndian Penal Code - Sections 34, 302, 364, 386; Code of Criminal Procedure - Sections 313, 161; Evidence Act - Sections 25, 26
Judgement DateSeptember 06, 2016
CourtGuwahati High Court


N. Chaudhury, J.

  1. The two appellants involved in this case were convicted under Sections 364, 302 read with Section 34 of the Indian Penal Code in Sessions Case No.176(DM)/2011 of the Court of learned Sessions Judge, Darrang at Mangaldai by judgment and order dated 18.09.2013 and they had been sentenced to suffer rigorous imprisonment for life and to also to pay a fine of Rs.25,000/- each, in default, to suffer imprisonment for six months more.

  2. The prosecution story is that informant Moon Choudhury had a motor vehicle wherein he engaged Motinul Haque Saikia, his brother-in-law, as driver. On 05.07.2011 the vehicle was hired by some persons for going towards Changsari. Till 2.00 p.m. the owner had communication link with the driver but thereafter the communications got snapped. Thereafter, he received information from Dispur Police Station that the vehicle had been recovered at a place within the jurisdiction of Sipajhar Police Station in the district of Darrang. He immediately went to Mangaldai Police Station and got the vehicle. He was taken to Mangaldai Civil Hospital thereafter where he identified the dead body of his driver-cum- brother-in-law Motinul Haque Saikia. He also came to know that two persons had already been arrested as they had tried to grab the vehicle by killing the driver. Accordingly, he lodged a written ejahar on 06.07.2011 with the Officer-in-Charge of Mangaldai Police Station. Mangaldai Police Station forwarded the ejahar to Sipajhar Police Station within whose jurisdiction the occurrence had taken place and accordingly Sipajhar Police Station Case No.224/2011 under Sections 364/302/386 of the Indian Penal Code was registered.

  3. Having recorded the statements of the witnesses and after obtaining post mortem report police submitted charge-sheet against appellants Hafizur Rahman and Sibu Adhikari alias Sunil Roy alias Gautam Roy in the Court of learned Judicial Magistrate First Class at Mangaldai, Darrang, who committed the case to the Court of Sessions and thereupon Sessions Case No.176(DM)/2011 was registered. The accused persons pleaded not guilty and claimed to be tried.

  4. In course of trial prosecution examined thirteen witnesses and exhibited seven documents including the postmortem report, inquest report, sketch map and the charge-sheet. The learned Sessions Judge examined the two accused persons under Section 313 of the Code of Criminal Procedure on the basis of the materials disclosed in the...

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