ABDUL AWAL Vs. STATE OF ASSAM

JUDGEMENT

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

(2.) This appeal is directed against the judgment and order dated 03.08.2017 passed by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldoi in Sessions Case No. 13(DMFT)/2012. By the said judgment, the learned Sessions Judge convicted the appellants under Section 147/148/302/149/323/324/325 IPC and sentenced them to imprisonment for life under Section 302 IPC and fine of Rs. 3,000/- with default stipulation. The appellants were also sentenced to imprisonment for six months each under Section 147/148/323 IPC respectively and imprisonment for one year under Section 324 IPC with varied amount of fines.

(3.) As per the prosecution case, on 13.01.2005, at about 7 PM, when the deceased Hakimuddin, Lokman Ali (PW-7), Fazal Haque (PW-11), Suleman Ali (PW-3), Hasen Ali (PW-5) and Habibor Rahman (PW-6) were discussing regarding a marriage in the house of Khalilur Rahman (PW-8), Hasen Ali was stabbed by someone from outside the house. Thereafter all the five accused persons named in the FIR entered the house and dragged the victim Hakimuddin to a nearby maize cultivation, where they assaulted him, causing injuries by various weapons, like dao, dagger etc. and the victim Hakimuddin succumbed to the injuries. PW-1, Amjad Ali lodged the FIR (Ext.1), on the basis of which, police registered Mangaldoi P.S. Case No. 10/2005 under Section 147/148/149/326/302 IPC and commenced investigation. During investigation, police recorded the statements of the witnesses under Section 161 CrPC and prepared inquest report, sent the body of the deceased for postmortem examination and got the statements of some of the witnesses recorded under Section 164 CrPC. The postmortem examination was conducted by Dr. Brojendra Bhattacharjee (PW-10).