GAUHATI HIGH COURT ISSUES ORDER ON MD. ABUL BASHAR V/S THE STATE OF ASSAM AND ANR.

GUWAHATI, India, Sept. 30 -- Gauhati High Court issued the following order on Aug. 29:

1. The instant criminal appeal, preferred under Section 374[2], Code of Criminal Procedure, 1973 ['the Code' or 'CrPC', for short], is directed against a Judgment and Order dated 31.05.2017 passed by the learned Sessions Judge, Morigaon in Sessions Case no. 161 of 2015. By the Judgment and Order dated 31.05.2017, the learned Court of Sessions, Morigaon has convicted the accused-appellant under Section 302 of the Indian Penal Code [IPC] and the accused-appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 30,000/-, in default of payment of fine, to undergo simple imprisonment for one year.

2. It was on 30.06.2015, a First Information Report [FIR] was lodged by one Mainul Hoque as the informant before the Officer In-Charge, Bheloguri Police Station stating inter-alia that at around 09-30 p.m. on 29.06.2015, the father of the informant, Giyas Uddin, aged about 70 years, was sitting inside his house. At that time, the accused-appellant, who was informant's brother, killed his own father, Giyas Uddin by stabbing him on his back, chest and hands with a dagger.

3. On receipt of the FIR, the Officer In-Charge, Bheloguri Police Station registered the same as Bheloguri Police Station Case no. 37 of 2015 under Section 302, IPC on 30.06.2015 and took up the investigation of the case himself.

4. Prior to institution of the FIR on 30.06.2015, Bheloguri Police Station received an information telephonically at 09-45 p.m. on 29.06.2015 from one Amsar Ali, a Secretary of the Village Defence Party [VDP]. It was telephonically informed that a murder had taken place at Hahsora Village. On receipt of the telephonic information, an entry was made in the General Diary of Bheloguri Police Station vide General Diary Entry no. 573 dated 29.06.2015. After registering General Diary Entry no. 573, the Officer In-Charge, Bheloguri Police Station & Investigating Officer [I.O.] proceeded to the place of occurrence [P.O.], that is, the house of the deceased, Giyas Uddin with a team of Police personnel. Going there, the I.O. who testified as P.W.8, found the deadbody of the deceased, Giyas Uddin lying on the floor and the accused-appellant [hereinafter also referred as 'the appellant', for short, at places, for easy reference] being kept detained there. He found a dagger with the appellant and the same was seized by a seizure list. As it was dark and there was little light in the room where the deadbody was lying, according to the I.O. [P.W.8], inquest proceeding could not be done that night. The I.O. brought the appellant to the Police Station. It was on the following day, that is, on 30.06.2015, the Officer In-Charge, Bheloguri Police Station & I.O. received the FIR in writing from the informant, Mainul Hoque. The appellant was arrested and after arrest, he was forwarded to the Court of the jurisdictional Magistrate. On being produced before the jurisdictional Magistrate's Court on 30.06.2015, the appellant was sent to judicial custody.

5. During the course of investigation, the I.O. recorded the statements of the witnesses; prepared a Sketch Map of the P.O.; and conducted inquest proceeding on the deadbody of the deceased on 30.06.2015 to prepare an Inquest Report. The deadbody was thereafter, forwarded to Morigaon Civil Hospital for post-mortem examination. The post-mortem examination on the deadbody of the deceased was performed by the Senior Medical & Health Officer, Morigaon Civil Hospital on 30.06.2015. After collecting the PostMortem Examination [PME] Report and completing investigation in connection with Bheloguri Police Station Case no. 37 of 2015 [corresponding G.R. Case no. 1466 of 2015], the I.O. submitted a charge-sheet under Section 173[2], CrPC vide Charge-Sheet no. 40/2015 on 30.09.2015 finding a prima facie case against the appellant for committing the offence of patricide.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpP4GwPtht2FZCmkZku75di0gEvmKTuyvzI8RYxLupQSl&caseno=Crl.A./468/2023&cCode=1&cino=GAHC010241262023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.