SALU MIAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21.9.2004 passed by the learned Addl. Sessions Judge, Dhubri in Sessions Case No. 61 of 1999. By the aforesaid judgment and order all the three appellants namely, (1) Md. Salu Miah, (2) Md. Abdul Wahab and (3) Md. Khayer Uddin were convicted under Sections 302/34, IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000 in default to suffer rigorous imprisonment for three months.

(2.) The case of the prosecution as unfolded in the FIR, reveals that late Bakta Zamal Sheikh, younger brother of the complainant, namely, Md. Jahirul Haque (PW2), had gone to his paddy field at Purana Diara, Telipara Village at about 11 a.m. on 11.4.1997. At that time, the accused above named, Md. Salu Miah, Md. Abdul Wahab and Md. Khayer Uddin arrived at the paddy field and picked up quarrel with Bakta Zamal Sheikh and started assaulting him with sharpened 'fala's (spears) which resulted in the death of Bakta Zamal on the spot.

(3.) PW2, Jahirul Haque, the first informant, after having been informed by Samsul Bari, PW3 immediately came to the place of occurrence and found Bakta Zamal, lying dead with injuries. Thereafter, PW2 straightway came to Mankachar Police Station and lodged an ejahar. The officer-in-charge of Mankachar Police Station, on receipt of ejahar registered Mankachar P.S. Case No. 57 of 1997 dated 11.4.1997 under Sections 447/302 read with Section 34 of the IPC, and launched investigation. During the course of the investigation the Investigating Officer (I.O.) recorded statement of the witnesses, seized one 'fala' (sharp spear) and wooden stick from the place of occurrence and thereafter prepared the inquest report over the dead body and sent the dead body to the Dhubri Civil Hospital for post mortem examination. The I.O., during the course of investigation prepared a sketch map of the place of occurrence and also recorded the testimony of witnesses.