MEHBOOB HUSSAIN S/O LATE NIJAMUL HUSSAIN Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
Mehboob Hussain S/O Late Nijamul Hussain
STATE OF ASSAM
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Ajit Singh, C.J. -
(1.) The sole appellant - Mehboob Hussain has been convicted and sentenced as follows:-
i) Under Section 302 of the Indian Penal Code imprisonment for life and fine of Rs.5000/-, in default, simple imprisonment for two years;
ii) Under Section 457 of the Indian Penal Code rigorous imprisonment for 7 years and fine of Rs.3000/-, in default, simple imprisonment for one year;
iii) Under Section 380 of the Indian Penal Code rigorous imprisonment for 5 years and fine of Rs.2000/-, in default, simple imprisonment for six months;
iv) Under Section 309 of the Indian Penal Code simple imprisonment for 6 months and fine of Rs.1000/-, in default, simple imprisonment for one month;
v) Under Section 27 of the Arms Act, rigorous imprisonment for 5 years and fine of Rs.3000/-, in default, simple imprisonment for one month. All the jail sentences are directed to run concurrently.
(2.) The victim of the incident was Sub-Inspector Kartik Barman, aged about 44/45 years. He was the Platoon Commandant of 2nd Assam Police Task Force stationed at Rangia Police Station whereas the appellant served as constable in the said platoon.
(3.) According to the prosecution case, on 04/08/1994, Sub- Inspector Bipul Sarma of Rangia Police Station lodged an FIR (Exhibit-17) in his police station stating inter-alia that at about 1 a.m., the appellant had cut the chain of door of a magazine room of platoon barrack and took away the revolver allotted to Kartik Barman. He then entered into the room where Kartik Barman was sleeping and shot him on his head. Thereafter, he also tried commit suicide by shooting himself on his head. On this FIR, Case No.287/94 was registered for offences under Sections 457/380/302/309 of the Indian Penal Code read with Section 27 (3) of the Arms Act. The dead body of Kartik Barman was sent for post mortem examination and the appellant was sent to hospital for treatment and from there he was shifted to the Gauhati Medical College and Hospital for better treatment. The appellant was treated by Dr. Jakir Hussain whose medico-legal report is Exhibit-13. The report was signed by Dr. Purajit Choudhury (PW-9). The report revealed that appellant's case was of suspected suicide. He was, therefore, arrested after he was cured and then sent to judicial custody.;
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