Criminal Appeal No. 59 (J) of 2014. Case: Md. Maktar Ali Vs The State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 59 (J) of 2014
CounselFor Appellant: Mr.Biplab Bora, Learned Amicus Curiae, Adv. and For Respondent: Mr. KA Mazumdar,learned Additional Public Prosecutor, Assam.
JudgesMr. Ajit Singh, N Chaudhury, JJ.
IssueCode of Criminal Procedure - Section 161; Indian Penal Code - Section 302
Judgement DateSeptember 02, 2016
CourtGuwahati High Court


Ajit Singh, C.J.

  1. The sole appellant Md. Maktar Ali has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

  2. The victim of the incident was Sirajuddin Choudhury, aged about 70 years.

  3. According to the prosecution case, Sirajuddin was resident of village Jamira. On 7.4.2003, around 7 a.m., he visited the house of his daughter at Sahabad, where she is married. Around 11 a.m., he left his daughter''s house and was waiting for bus in front of the Tea Stall of Giasuddin (PW-7) at Sahabad Bazar in order to return home. At that point of time, the appellant, out of some previous grudge, suddenly came and hacked him on the back of his head and back of shoulder with a sharp dao. After causing injuries to Sirajuddin, the appellant ran away. Son-in-law Azir Akmad Laskar (PW-4) of Sirajuddin was immediately informed, who came and carried him to Lala Police Station in an Auto Rickshaw. But, Purnananda Konwar (PW-14), Officer In-charge of the Police Station sent Sirajuddin to Primary Health Centre, because his condition was serious and needed emergent medical care. The doctor of the Primary Health Centre, having regard to the critical condition of Sirajuddin, further referred him to Hailakandi Hospital, where he was declared as "brought dead".

  4. On 7.4.2003, Dr.KZ Choudhury conducted the post mortem examination on the dead body of Sirajuddin. He found one incised wound over right occipital region. The doctor, in his post mortem examination report, opined that Sirajuddin died due to head injury, which was caused by a sharp cutting weapon. The post mortem examination report is exhibit 3.

  5. Ejahar of the incident was made by Md. Alauddin Choudhury (PW-1) at Police Station Lala on 8.4.2003, which was registered as First Information Report. Ejahar is exhibit 1. In the ejahar, Md. Alauddin mentioned the name of appellant as the assailant of Sirajuddin. But, he did not claim himself to be an eye witness to the incident. Md. Alauddin stated in the ejahar that he came to know about the incident from Sirajuddin and Azir Akmad Laskar.

  6. Since the appellant reportedly absconded, Investigating Officer Purnananda Konwar, after investigation, filed the charge sheet showing him as absconder.

  7. During trial, the appellant abjured his guilt and pleaded false implication.

  8. The trial court mainly relying upon the evidence of oral dying declaration of Sirajuddin made...

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