MD EKABBAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. Azad Ahmed, learned counsel for the appellants and Ms. S.Jahan, learned Additional Public Prosecutor, Assam for the State/respondent.

(2.) This appeal is directed against the judgment and order passed by the learned Additional Sessions Judge, Bilasipara, Dhubri in Sessions Case No. 139/2015, whereby, the learned Sessions Judge convicted the appellant under Sections 302/341 of the Indian Penal Code and sentenced him to rigorous imprisonment for life and fine of Rs. 20,000/- with default stipulation u/s 302 IPC. The appellant was further sentenced to undergo simple imprisonment for month and to pay fine of Rs. 500/- with default stipulation u/s 341 IPC.

(3.) As per prosecution case on 11-10-2010 at about 5.30 in the morning, deceased Moinul Hoque, father of the informant was going to Hatipota from his house and no sooner he reached in front of the house of Ekabbar Ali, Ekabbar Ali dealt him a blow with an axe, which he was carrying in his hand, and thereby, caused grievous injury to Moinul Hoque. The villagers assembled at the place of occurrence, took the victim to hospital, however, he succumbed to the injuries. PW-1, the son of the victim, lodged the FIR (Ext.-1), on the basis of which, police registered Chapar P.S. Case No. 240/2010 u/s 341/302 IPC. In course of investigation, police recorded the statement of the witnesses, prepared inquest report on the body of the victim, seized the alleged weapon of offence, sent the body for post-mortem examination and Dr. Tofizur Rahman (PW-8) conducted the post mortem examination on the body of the victim.