Abdul Kadir declared guilty under Sec 302 of IPC
Source: Chronicle News Service
Imphal, December 07 2022:
The court of Session Judge Imphal West A Guneshwar on Tuesday convicted Md Abdul Kadir alias Amuthi alias Amu (35) in the murder case of Sarakhatun Bibi, who was found dead in Nambul river on September 21, 2014 under Section 302 of IPC.
As per case dossiers, one Md Khomei of Hiyangthang Pallak made a missing report of Sarakhatun Bibi to OC Wangoi PS on September 21, 2014 .
Based on the report, police took up a case and was in the midst of tracing Bibi's whereabouts when her body was recovered from Nambul river near Khongnangkhong at Irom Meijrao Mamang Leikai.
Further investigation revealed that Bibi was last seen being picked up and going away with accused Md Abdul Kadir around 8pm on September 19 of the same year.
After a detailed investigation, police filed a charge sheet against Abdul Kadir at CJM Imphal West.
The CJM accepted the charge sheet, stating that the accused could be punished u/s 302,393,404 read with 201 of IPC.
Three other accused mentioned in the charge sheet were removed due to lack of evidences while a juvenile was sent to JJB Imphal West.
As the trial was to be conducted u/s 302, 396 and other sections of IPC, the case was referred to the Sessions Court.
On February 234, 2016, the then Sessions Judge M Manojkumar framed charges against the accused u/S 396, 302, 392, 404 and 201 of IPC.
In addition, the post mortem examination report of Bibi failed to find any evidence/proof of sexual assault.
As such, the charges u/s 396 of IPC could not be proved due to lack of evidence.
On top of this, as there were no evidences of any items being lost, section 201 of IPC could not be proved as well.
The charge of robbing items u/s 392 of IPC could not be proven either.
Furthermore, the prosecution failed to prove that the deceased had Rs 3000 in her possession, including any link between the Rs 30 recovered from the accused, thereby failing to prove the charge u/s 404 of IPC.
Thus, the court convicted the accused u/s 302 of IPC based on circumstantial evidences, while acquitting him of all charges u/s 396,392,404 and 201, during the hearing on Tuesday.
It then fixed December 14 for announcing the quantum of punishment for the convict.