GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 30:
1. Heard Mr. K A Mazumder, learned counsel for the appellant. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam for the State.
2. This appeal is directed against the impugned judgment of conviction dated 31.03.2023 and sentence dated 03.04.2023 passed by the learned Additional Sessions Judge, Hailakandi [trial court, for short] in Sessions Case No. 96/2016, whereby the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code (murder) and sentenced to undergo imprisonment for 15 (fifteen) years and to pay a fine of Rs. 10,000/- (ten thousand), in default to undergo further imprisonment for 3 (three) months.
3. The prosecution case in brief is that on 12.05.2011 (date and time as per FIR/record), the deceased, Islam Uddin Talukdar (husband of PW-2 and son-inlaw of PW-1) sustained injuries allegedly caused by the appellant. The injured had to be moved from the hospital situated within the limits of the place of occurrence of the police station, i.e., Lala Police Station, Hailakandi, wherein he was initially taken for immediate treatment, to Silchar Medical College situated within the jurisdiction of the Ghungoor Police Outpost [hereinafter referred to as the 'Ghungoor Outpost'] for better treatment. An information concerning the injured person was lodged thereafter at the said Ghungoor Outpost and accordingly, a General Diary entry vide GD Entry No. 274 dated 13.05.2011 was recorded. The police of that outpost thereafter visited the said hospital and when the injured succumbed to his injuries on 14.05.2011 at 12.15 AM, the Executive Magistrate, DC, Cachar, Silchar conducted inquest in presence of PW2, PW-9 and the investigating officer, i.e., ASI, Debdas Deb of the said Ghungoor Outpost. The statement of the wife of the deceased, Halima Begum Ansari (PW-2) and Samsuddin (PW-9), were also recorded by the said investigating officer of the Ghungoor Outpost under Section 161 Cr.P.C in connection with the aforesaid GD Entry No. 274 dated 13.05.2011. On 14.05.2011 itself, the dead body being sent by the said investigating officer of Ghungoor Outpost for post-mortem examination to the Silchar Medical College with reference to the aforesaid GD Entry No. 274 dated 13.05.2011, postmortem was accordingly conducted and report was furnished thereto to the said IO.
4. Thereafter, after a gap of about two days, i.e., on 15.05.2011, the formal FIR in the present case was lodged at Lala Police Station. The investigating officer of the said Lala Police Station, i.e., Sub-Inspector Sri. Nayanmoni Singha, accordingly registered the case as Lala Police Station Case No. 81/2011 under Sections 302/34 IPC (corresponding to G.R. No. 480/2011) against the accused and another co-accused. Thereafter, on 15.05.2011 and 16.05.2011, the said investigating officer re-recorded statements under Section 161 CrPC of PW-2 and other witnesses in connection with said Lala P.S. Case No. 81/2011.
5. Accordingly, investigation proceeded based on the said FIR dated 15.05.2011, without starting from GD Entry No. 274 leading to Charge-sheet No. 400 submitted on 31.12.2015 against the accused and another person under Sections 302/34 IPC, listing 15 Prosecution Witness, including the first investigating officer of the Ghungoor Outpost.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpC1fpOoJ3LlJm3%2BiUZqhoT0hR5UC49NPhPqIonuEJAlH&caseno=Crl.A./157/2023&cCode=1&cino=GAHC010094092023&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
