ABDUL MALIK MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A Choudhury and Mr. LR Mazumder, learned counsel appearing for the appellants and Ms. S Jahan, learned Addl. Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order passed by the learned Sessions Judge, FTC, Silchar in Sessions Case No.154/2010, whereby learned Sessions Judge convicted the present appellants under section 302/147/148/323/325 IPC read with section 149 IPC and sentenced them to imprisonment for life and fine of Rs.20,000/- with default stipulation under section 302 IPC. The appellants were further sentenced to pay fine of Rs.1,000/- each under section 147/148/323 IPC in default to simple imprisonment for three months. They were also sentenced to rigorous imprisonment for three years and fine of Rs.5,000/- with default stipulation under section 325 IPC.

(3.) As per the prosecution case, on 06.12.2008, when Rafique uddin (Pw-6) and Pw-1 were coming from Silchar and reached in front of the house of Abdul Malik Mazumder, Pw-6 was hit by appellant Abdul Malik Mazumder by his bicycle, whereupon an altercation ensued between the accused Malik and Pw-6. At that point of time, all the accused persons named in the FIR being armed with lathel weapons, restrained Pw-6 and assaulted him. Having received the information about the occurrence, Romij Uddin (deceased) and his son Pw-8 and Pw-7 came to the place of occurrence and when they enquired the appellant about the incident, all the accused persons named in the FIR assaulted them with iron rods, spear, stone etc. As a consequence of the assault, Riaz uddin (deceased) sustained serious injuries and he was immediately taken to police station and then shifted to Silchar hospital, where the doctors declared him dead. The FIR (Exhibit-2) was lodged by Pw-3 on the basis of which Silchar PS Case No.2500/2008 was registered under sections 147/148/149/341/325/302 IPC. During investigation, police recorded the statement of the witnesses, seized some blood stained clothes, send some of the witnesses for recording their statement under section 164 Cr.P.C., prepared the inquest report and send the injured for medical examination and the body of the deceased for conducting the post-mortem examination.