SAMSUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The incident is of 17.3.1997 at 7:00 a.m. in the morning. Keramat Ali Maral (the deceased) was having tea at the tea stall known as Kalia Hotel. It is alleged that Abdul Hai, Abdul Rashid, Imdadul Islam, Rahul Amin, Mofizuddin Islam and Abdul Rahim Faruki, being the first six accused entered the stall and all of a sudden accused Nos.2 & 3 fired at Keramat Ali with a pistol, while the other accused injured him by stabbing and hacking with daggers, swords, etc. Keramat Ali is stated to have died on the spot. The son of Keramat Ali, Nazrul Islam (PW-3) lodged the FIR, stating that he was present at the site along with other witnesses, but when they offered resistance, they were threatened with pistols. To save their life, they ran away from the site. Insofar as accused Nos.7, 8 & 9 are concerned, it is stated that "further it may be mentioned that the incident took place at the instance and instigation of accused Nos.7, 8 and 9."

(2.) On the investigation being completed, a charge-sheet was filed and charges were framed by the Sessions Judge under Sections 147, 148, 302/149 and 302 of the IPC against all. Accused Nos.7 to 9 faced charges under Sections 302/109 of the IPC. In the course of trial, accused No.4, Rahul Amin, absconded. Accused No.1, Abdul Hai, died/ was allegedly murdered during the course of trial. On completion of trial the Sessions Judge, Morigaon found that accused No.1 was the main culprit who had killed the deceased, Keramat Ali. The trial court also found that the guilt of accused Nos.5 & 6 was also established beyond reasonable doubt.

(3.) The convicted accused filed an appeal before the Gauhati High Court and so did the State of Assam qua the accused who had been acquitted. The appeal of the convicted accused was dismissed by the High Court and the Special Leave Petition ('SLP') filed against the same was also dismissed and, thus, that matter attained finality.