Criminal Appeal No. 215 of 2014. Case: Md. Samer Ali & Anr. Vs The State of Assam. Gawahati High Court

Case NumberCriminal Appeal No. 215 of 2014
CounselFor Appellant: Mr. HRA Choudhury Sr. Advocate Mr. S Rahman, Advocate. and For Respondent: Ms. S Jahan, Additional Public Prosecutor.
JudgesN. Chaudhury, J.
IssueIndian Penal Code - Sections 302, 34; Code of Criminal Procedure - Sections 209, 313, 161
Judgement DateSeptember 05, 2016
CourtGawahati High Court

Judgment:

N. Chaudhury, J.

  1. The judgment and order dated 19.04.2014 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 194/2011 thereby convicting the appellants under Section 302 of the IPC and sentencing them to suffer rigorous imprisonment for life along with fine of Rs. 5,000/- each, in default, to suffer simple imprisonment for 4 months each has been called in question in the present appeal.

  2. The prosecution story in the present appeal is that one Msstt. Sobia Bewa lodged an ejahar with Officer In-charge, South Salmara Police Station on 25.10.2010 against present appellants and two others alleging that her daughter Surja Bibi committed suicide in the kitchen of Badamirchar L.P. School. She suspects that the accused persons had killed her daughter and kept her body hanging. South Salmara P.S. Case No. 170/2010 under section 302/34 of the IPC was immediately registered and investigation was started. The Investigating Officer arranged inquest and post-mortem of the dead body and upon receipt of the report and after recording statements of all witnesses filed charge sheet No. 11/2010 on 28.02.2011 before learned Judicial Magistrate First Class at Dhubri who having found that it is a case triable by Sessions, committed the same to Sessions under section 209 of the Code of Criminal Procedure by his order dated 29.08.2011. Accordingly, Sessions Case No. 194/2011 of the court of learned Sessions Judge, Dhubri was registered. The learned Sessions Judge by his order dated 19.09.2011 framed charges under section 302/34 of the IPC against Samer Ali and Johirul Islam who pleaded not guilty and claimed to be tried.

  3. In course of trial, prosecution examined 8 witnesses, adduced 5 documents and defence accused 2 witnesses. Learned Sessions Judge examined the accused persons under section 313 of the Code of Criminal Procedure and thereafter passed the impugned judgment and order holding the appellants guilty under section 302/34 of the IPC and sentenced them to suffer rigorous imprisonment for life along with fine of Rs. 5,000/- each, in default, to suffer simple imprisonment for 4 months each.

  4. We have heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. S Rahman for the appellants and Ms. S Jahan, learned Additional Public Prosecutor on behalf of the State. We have perused the lower court records.

  5. PW 1, Sobia Bewa is not an eye witness. She filed the ejahar accusing present appellants and two others of committing...

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