ABDUL MOTLEB Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal from jail is preferred by the accused appellant Md. Abdul Motleb, being aggrieved with the judgment and order dated 19.12.2011 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 38 (NL) of 2009, corresponding to G.R. Case No. 552/2004, arising out of Laluk Police Station (District-Lakhimpur) Case No. 65 of 2004 by which the appellant/accused has been convicted under Sections 302/201 of the Indian Penal Code and sentenced him to undergo Imprisonment for life and also to pay fine of Rs. 2,000/- under Section 302 IPC, in default to undergo Rigorous Imprisonment for further period of 2 (two) months and also sentenced him for Rigorous Imprisonment for a period of 3 (Three) years with a fine of Rs. 500/- under Section 201 IPC, in default to undergo Rigorous Imprisonment for another period of 15 days, with the observation that both the sentences are to run concurrently.

(2.) The prosecution case, as it emerges from the First Information Report dated 01.06.2004 (Exhibit-2) lodged by one Md. Abdul Mannan (PW.3) before Dolhat Out Post is that one Md. Abdul Kasem of Fukandalani Village around 06:00 am on the said date informed him that his elder bother Md. Abdul Motleb killed his wife (Mozida Begum) around 11:00 pm on the previous night by strangulating her by the neck with his own hand, dragged her to the side of Pavo river and tied the strands of her hair with grasscreeper etc. and said accused have confessed of committing the said incident before people of the village and the village headman (the informant).

(3.) The said FIR was registered as GD Entry No. 462 dated 01.06.2004 at Dolhat Out Post and was forwarded to the Officer-in-Charge of Laluk Police Station on the same day, which was registered as Laluk Police Station Case No. 65 of 2004 under Section 302 of the Indian Penal Code and the Officer-in-Charge of said Dolhat Out Post took up the investigation of the case.