Criminal Appeal No. 86 (J) of 2013. Case: Md. Rahim Ali Vs State of Assam. Guwahati High Court

Case NumberCriminal Appeal No. 86 (J) of 2013
CounselFor Appellant: Mr.PP Dutta, Learned Amicus Curiae, Adv. and For Respondent: Mr.P P Baruah, learned Additional Public Prosecutor.
JudgesMr. Ajit Singh, C.J
IssueCode of Criminal Procedure - Section 313; Indian Penal Code - Section 302
Judgement DateSeptember 22, 2016
CourtGuwahati High Court


  1. The sole appellant Md. Rahim Ali has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000/- with default stipulation.

  2. The victims of incident were Jeleka Khatun, aged 30 years, Nur Hussain, aged 6 years and Nurul Haque, aged 4 months. Jeleka Khatun was wife of appellant whereas Nur Hussain and Nurul Haque were their sons.

  3. According to the prosecution case, the appellant was married to Jeleka Khatun more than 10 years prior to the date of incident. They had four children. Apart from Nur Hussain and Nurul Haque, they had two daughters -- Lal Bhanu, aged 9 years and Nur Bhanu, aged 3 years. All of them lived together in a small house at village Kathalbhuri, District Barpeta. On 27.5.2005, around 3 a.m., the appellant hacked Jeleka Khatun along with Nur Hussain and Nurul Haque to death with a dao in his house. Omar Ali (PW-2) is brother of the appellant. He lived separately in his own house, but it was only 6 metres away from the house of appellant. He on hearing hue and cry in the house of appellant got up and went there. In the house of appellant, he saw injured dead bodies of Jeleka, Nur Hussain and Nurul Haque lying on the floor. He also found Lal Bhanu and Nur Bhanu crying outside the appellant''s room. Since appellant was not present in the house at that point of time, Omar Ali called his neighbour Hanif Ali (PW-1). Hanif Ali also saw injured dead bodies lying in the room of appellant. Soon thereafter, lot many people gathered at the place of occurrence. After some time, the appellant also appeared and the people immediately caught and tied him with a rope against a tree. Fatik Ali (PW-5) is father-in-law of the appellant. He too was informed by someone about the tragic incident. He naturally rushed to the place of occurrence and saw injured dead bodies lying inside the house of appellant. Fatik Ali then made the ejahar exhibit 4 at Police Station Sarthebari wherein he categorically named the appellant as an assailant of Jeleka Khatun, Nur Hussain and Nurul Haque.

  4. Investigating Officer-Binod Barman (PW-8) on receiving the ejahar from Fatik Ali went to the house of appellant. He prepared inquest reports exhibits 1,2 and 3 of the dead bodies. He also arrested the appellant and referred the dead bodies for post mortem examination. Dr. Rajesh Kumar Das (PW-10) conducted the post mortem examination on the dead bodies. He found multiple cut injuries on all the...

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