ABDUL KARIM Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals arise out of a common order dated 7th October, 2005 passed by the Gauhati High Court whereby Criminal Appeals No. 342, 351 and 358 of 2003, to the extent the same related to Appellants-Md. Mazibur Rahman & Md. Joynal Abedin, Md. Abdul Karim, Md. Sarafat Ali and Md. Nur alias Nurul Islam, have been dismissed and their conviction for offences punishable Under Sections 147, 148, 149, 247, 379, 427, 323 and 302 of the Indian Penal Code affirmed. Appellants-Md. Sarafat Ali and Md. Abdul Karim were additionally convicted for an offence punishable Under Section 436 of the Indian Penal Code With the dismissal of the appeals, the sentences of imprisonment awarded to the Appellants have also been affirmed by the High Court which include sentence of life imprisonment Under Section 302 of the Indian Penal Code and lesser sentences for other offences held. proved against the Appellants. In the case of Md. Sarafat Ali and Md. Abdul Karim additionally convicted for the offence punishable Under Section 436 of the Indian Penal Code, the said Appellants were sentenced to undergo imprisonment for a period of 10 years with a fine of Rs. 3,000/- each and a default, sentence of six months rigorous imprisonment.. Learned Counsel for the parties submits that Md. Sarafat Ali has since passed away. Criminal Appeal No. 934 of 2006 qua Md. Sarafat Ali, therefore, abates and is accordingly dismissed.

(2.) Prosecution case, as evident from the order impugned in these appeals is that on 13th July, 1997 at about 4.30 a.m. nearly 100/150 persons armed with Dao (a sharped-edged weapon), lathi, jong etc. entered the house of the complainant-Md. Abdul Karim-PW. 1 and started breaking the walls of his house and looting his wheat and paddy stored in the same besides a pair of bullocks, C.I. sheets. The loot was followed by the house be set on fire destroying the paddy-stocks lying therein. The miscreants are then alleged to have taken away Md. Jainal Abedin, Md. Banes Ali and Md. Rajab Ali, tied with a rope, to what is known as Bega river in the neighbourhood of the village where the Appellants herein are alleged to have assaulted them with deadly weapons causing death of Md. Jainal Abedin and Md. Banes Ali. Their dead bodies were then thrown in the river. Md. Rajab Ali, the brother of the two deceased, although assaulted with the help of a Dao on his head, managed to escape and return to his village to inform his father-Md. Abdul Hussain about the incident.

(3.) The prosecution's further case is that around 8.10 a.m. on 13th July, 1997, a man named Khaden Ali informed the police that some unknown persons, all armed with dao, lathi, spear etc., had trespassed into the house of Abdul Hussain at Paschim Padoghat, -assaulted the inmates of the house and looted away the household articles and also taken away his three sons, mentioned above. On receipt of this information, Md. Manour Ali, Assistant Sub-Inspector, posted at Panbari O.P. proceeded towards the place of occurrence. On the way, he is alleged to have received information that a dead body is lying on the bank of Bega river. He, therefore, went to the river side where he was told that the deceased was named Banes Ali s/o. Abdul Hussain. He conducted an inquest of the dead body upon identification by one Majibur Rehman (not the Appellant). While returning with the dead body the officer appears to have discovered another dead body of a youth floating in the river under a tree. He handed over the first body to the guard and got the second body recovered with the help of the people in the neighbourhood. He held an inquest of the second dead body upon its identification as the dead body of Banes Ali s/o Abdul Hussain. Loading the two dead bodies on a handcart, the officer is said to have started for the house of the complainant where he recorded the statement of the complainant, according to whose version the assault on the village and his house was mounted by the accused persons on a suspicion that the complainant had cut the embankment across the river. It was also reported that the accused had abducted three sons of the complainant and killed two of them on the bridge over river Bega. The investigation eventually culminated in the filing of a charge-sheet against as many as 19 persons for offences punishable Under Sections 147, 148, 149, 447, 436, 379, 427, 323 and 302 read with Section 149 of Indian Penal Code. Two of those sent up for trial, were declared absconders, while the third passed away leaving a total of 16 persons who faced the trial before the Court of Addl. Sessions Judge, Darrang, Mangaldoi. At the trial, the prosecution examined 14 witnesses to prove the charges leveled against the accused persons. The trial court eventually found 13 persons guilty, 5 out of them happen to be the Appellants before us found who were held guilty of murder and other offences and sentenced to suffer imprisonment for life. The remaining 8 were found guilty for lesser offences punishable Under Sections 147, 148, 447 read with Section 149 of the Indian Penal Code and sentenced to undergo imprisonment for one year only.