NAUDHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. Counsel, assisted by Mr. A.R. Sikdar, learned counsel for the appellant and Ms. S. Jahan, learned Addl. P.P., Assam for the respondents.

(2.) This appeal is directed against the judgment and order dated 16.06.2017 passed by the learned Sessions Judge, Barpeta, in Sessions Case No. 01/2004. By the said judgment, the learned Sessions Judge convicted the appellants under Section 302/34 IPC and sentenced them to imprisonment for life and fine of Rs. 10,000/- each with default stipulation.

(3.) The prosecution case, as unfolded in the FIR was that when the victim, Abul Ali was cutting branches of a tree near his house, the seven accused persons named in the FIR, assaulted the victim Abul Ali and thereby inflicted injuries. Having learnt about the incident, when the mother of the victim and other members of the family went to rescue him, the accused persons also assaulted the mother of the victim, Mira Begum and Jibu Ali with sharp weapon. The FIR (Ext.2) was lodged by PW-2, father of the victim, on the basis of which, police registered Barpeta P.S. Case No. 541/2001 under Section 147/148/149/326 IPC and commenced investigation. The police recorded the statement of the witnesses, prepared sketch mp and sent the injured for treatment. During investigation, the victim Abul Ali succumbed to the injuries and thereafter the body was subjected to postmortem examination and Dr. Tarun Talukdar (PW-1) conducted the postmortem examination.