FAZAR ALI & ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been filed by eight accused who have been convicted under Sec. 302 read with Sec. 149 Penal Code and sentenced to under go life imprisonment by trial court as well as by High Court. The prosecution case is that on 12.11.1993 in the morning at about 8.00 AM twelve accused persons have attacked complainant, his father Samsuddin, his brother Abdul Rahman and his motherinlaw. Accused were armed with dao, lathi, jathi, dagger etc. After injuring Samsuddin and Abdul Rahman the accused did not allow the injured to be taken to hospital for about three hours and it was only when large number of villagers assembled and impressed upon the accused to let the injured to be taken to hospital, Samsuddin and Abdul Rahman could be taken to hospital. Both Samsuddin and Abdul Rahman were referred to Nagaon Civil Hospital where Abdul Rahman died on the same day at 4.00 PM.

(2.) A written complaint was submitted by Afazuddin son of Samsuddin and brother of Abdul Rahman, which had the thumb impression of Afazuddin whereunder names of five accused Sekendar Ali, Abu Taher, Abdul Sattar, Fazar Ali and Akkash Ali were mentioned with seven other accused. Complaint was initially registered under Sec. 147, 148, 149 and 326 Penal Code in which Sec. 302 Penal Code was added subsequent to death of Abdul Rahman.

(3.) I.O. on the same day of incident examined Rustam Ali, Afazuddin, Muslemuddin, Abdul Sattar (Son of Mafizuddin), Samsuddin, Jakir Hussain, Giasuddin, Jahura Khatoon and Fatema Khatoon.