ABDUR ROUF Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal has been filed bjv Abdur Rouf, the sole appellant; whereas initially three persons, namely, Jaifor Ali, Moti Ali and the appellant were accused of commission of the crime. The appellant has been convicted u/s 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. The other two accused persons died during trial and this is how the present appeal has been filed only by the sole appellant.

(2.) The prosecution story has been unfolded by the mother of the deceased Alfori Bibi by lodging the PER at the Karimganj PS on 10.3.86 at 12 O'clock(a.m.) alleging therein that at 7.00 P.M. on the previous day the three accused persons i.e. the appellant, Jaifor Ali and Moti Ali, both sons of Late Momtaz Ali called her son Aziruddin from her house. After half an hour a hue and cry from the western side of the residence of Mokram Ali was heard and then people went to the place of occurrence. They saw her son lying dead and the accused persons going away from the place of occurrence. The dead body was lying at the place of occurrence.

(3.) The prosecution in support of its case has examined PW. 1 Moulana Samsul Islam, PW.2 Balu Mia, PW.3 Kamaruddin, PW.4 Dr. Nazimuddin Ahmed, PW.5 Chinmoy Dutta and PW.6 Jugamoy Deb.