MOMINUR ALI S/O MD SAHAD ALI Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-6-41
HIGH COURT OF GAUHATI
Decided on June 07,2018

Mominur Ali S/O Md Sahad Ali Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Ajit Singh, J. - (1.) The appellant Mominur 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. The trial court has, however, acquitted co-accused Baser Ali.
(2.) The victim of the incident was Nur Hussain, aged about 20 years.
(3.) According to the prosecution case, on 25.1.2011 around 11 a.m. the appellant took along with him Nur Hussain on his motor cycle bearing No. AS-17-5906 from Alamganj Market and on the following day, i.e. 26.1.2011 dead body of Nur Hussain was recovered from the bank of river at Majerchar village. Beldar Ali (PW-2) lodged a police report (ejahar) at Dhubri Police Station alleging that appellant along with some ill-natured persons had conspired to kill Nur Hussain. Sub-Inspector - Ganesh Chandra Das (PW-11) visited the place of occurrence and he prepared a sketch map Exhibit-5. He also registered a case of unnatural death. The appellant subsequently surrendered at the Police Station and Sub-Inspector - Utpal Bhattacharjee (PW-9) arrested Baser Ali, an accomplice of the appellant.;


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