MAZIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) On conclusion of trial in Sessions Case No. 30/94 learned Sessions Judge, Marigaon convicted the appellant Mazibur Rahman @ Pora under Section 302 IPC for causing death of his brother Tozimuddin and sentenced him to undergo imprisonment for life and to fine of Rs.2,000/-, in default, further rigorious imprisonment for two months. By the same judgment the learned Sessions Judge acquitted the co-accused Mustt. Koli Begum who was also charged along with the appellant under Section 302 IPC read with Section 34 IPC. It may be mentioned here that the appellant has been convicted on the independent charge framed against him under Section 302 IPC.

(2.) We have heard Shri A.K. Purkayastha, learned Amicus curiae for the appellant and learned Public Prosecutor, Assam for the respondent.

(3.) Shri Purkayastha at the very inception of his argument submitted that the conviction has been based primarily on the evidence of PW-1 and 3 who are closely related and the quantum of sentence imposed also needs to be reviewed since the offence allegedly committed by the appellant does not appear to be one to be dealt with under the previsions of Section 302 IPC. Learned counsel further submitted that the entire occurrence took place over a quarrel regarding a bicycle and, as such, the conviction may be altered to one under Section 304 Pt. I or Part II IPC, as the case may be.