SAFAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal witnesses a challenge to the judgment and order dated 13.9.2000 passed by the learned Sessions Judge, Morigaon in Sessions Case No. 16/1997 whereby the Appellants herein have been convicted under Section 302 of the Indian Penal Code ('IPC') and sentenced to suffer imprisonment for life and also to pay fine of Rs. 1,000 each, in default, to undergo R.I. for further six months. The Appellants are in jail since the above decision.

(2.) I have heard Mr. H.R.A. Choudhury, senior advocate assisted by Mr. A. Matin and Mr. LA. Hazarika, Advocates for the Appellants and Mr. K.A. Mazumdar, learned Public Prosecutor, Assam.

(3.) On a FIR lodged on 13.4.1995 by one Md. Chand Mia with the Officer in-Charge, Mayang Police Station alleging that the Appellant No. 2 had inflicted dagger injury in the chest of one Md. Nur Alam resulting in his death and further that the Appellant No. 1 and one Md. Akabor Ali had assaulted one Md. Hasen Ali, Mayong PS Case No. 23/1995 under Section 302/325/34, IPC was registered. In course of the investigation, Md. Akabor Ali absconded. On completion of the investigation, however, charge sheet was laid against the accused Appellants under Section 302/34, IPC. The case being triable exclusively by the Court of Sessions, it was committed to the court of the learned Sessions Judge, Morigaon. Charge was framed against the accused Appellant as above to which they pleaded "not guilty" and claimed to be tried.