RAKIBUL ISLAM @ MOKKAR ALI Vs. STATE OF ASSAM AND ANR REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF GAUHATI
Rakibul Islam @ Mokkar Ali
State Of Assam And Anr Represented By Public Prosecutor
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Ajit Singh, C.J. -
(1.) The sole appellant Rakibul Islam@ Makkar Ali has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.1,000/-, with default stipulation. He has also been convicted under Section 201 of the Indian Penal Code and sentenced to imprisonment for 6 (six) months and fine of Rs.500/-, with default stipulation. However, his other two co-accused - Abdul Kader and Baharul Islam have been acquitted of the charges giving them the benefit of doubt.
(2.) The victim of the incident was Islamuddin, aged about 24 years.
(3.) According to the prosecution case, Islamuddin used to live in village Thantala Govratari within the district of Dhubri. He used to run buffalo cart and trade in vegetables. On 20.02.2010, he went to Fakirganj at about 8 a.m., but did not return. His family members made a vigorous search throughout the nearby places, where he was expected to be found, but in vain. After almost a week, on 27.02.2010, his semi decomposed dead body was found at Namachala Baluchar. Brother - Shahjamal Paramanik (PW-1) of Islamuddin could identify the dead body from clothes only, as it had decomposed beyond recognition. Shahjamal Paramanik then lodged Exhibit-1 -First Information Report on that day, which was registered at Fakirganj Police Station as Case No. 23/2010 for offences under Section 302 and 201 of the Indian Penal Code. In the said First Information Report, Shahjamal Paramanik stated that Islamuddin was seen moving around Radhuram and Airkata locality with the appellant on a motor-cycle at about 9 p.m. on 20.02.2010 and the other named co-accused - Abdul Kader and Baharul Ali -threatened to cause disappearance of Islamuddin about 8 (eight) months prior to the date of incident. Hence, it was alleged that the trio committed the murder of Islamuddin.;
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