SAMAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16. 9. 2002 passed by the learned Ad-hoc Addl. Sessions Judge (FTC), Sonitpur, Tezpur in Sessions Case No. 147 (S)/02. By the aforesaid judgment and order, the accused-appellant has been convicted for the offence under Section 302 IPC and sentenced to undergo rigorous imprisonment for life. Furthermore, a fine of Rs. 1000/-, in default, to undergo simple imprisonment for two months has also been imposed on the accused-appellant.

(2.) THE prosecution case in short is that on 15. 11. 2001 at about 10. 30 a. m. P. W. 2, Abdul Mannas lodged a F. I. R. before the Officer-in-Charge, Dhekiajuli Police Station stating that his sister, one Suraj Banu, had been given in marriage to the accused-appellant about eight months back. According to the first informant, in the early hours of 15. 11. 2001 he got information that Suraj Banu's dead body was lying besides the road in front of the house of one Samar Ali. In the FIR filed, it was further stated that the first informant along with others went to the spot and saw the dead body of his sister with cut injuries on her neck. It was specifically stated in the FIR filed that the first informant suspected that the accused-appellant had killed his sister Suraj Banu.

(3.) ON receipt of the aforesaid F. I. R. , Dhekiajuli P. S. Case No. 264/01 under Section 302 IPC was registered. In the course of the investigation, the police visited the place of occurrence. Inquest was held on the dead body of deceased Suraj Banu and the same was also sent for post mortem examination to the Tezpur Civil Hospital. In the course of the investigation statements of a large number of persons were recorded under Section 161 Cr. P. C. At the conclusion of the investigation, chargesheet under Section 302 IPC was submitted against the accused-appellant.