ABDUL KUDDUS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order passed by the Additional Session Judge. Nagaon in Session Case No. 180 (N) 92 on 30.1.97. In the above referred Session's case as many as 12 accused persons were tried for the offence under Section 102/ 34 IPC. On conclusion of the trial ten (10) accused persons were acquitted. Accused Hafijuddin @ Fagu was convicted of the offence under Section 302 IPC and accused Abdul Kuddus was convicted for the offence under Section 302/34 IPC. Both the appellants were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1000/- in default further imprisonment for one (1) year. Hence the present appeal.

(2.) The prosecution allegation is that in an incident that took place on 19.4.91. son of Subed Ali Master was assaulted by the accused persons. Next day, the accused persons armed with deadly weapons came to attack the house of Subed Ali which is situated adjacent to the house of Azizul Haque. This act was protested by Azizul Haque whereupon the accused persons attempted to assault him. Apprehending danger, Azizul Haque ran away to save himself and he was chased by the accused persons and ultimately Azizul was gheraoed at the field. Appellant Abdul Kuddus first assaulted the deceased and thereafter on his command, the co-accused appellant Hafizuddin dealt dagger blow on the neck of Azizul Haque, who fell down on the ground and he sustained grievous injuries. The injured was removed to hospital immediately, where he succumbed to the injuries.

(3.) On FIR being lodged by PW-1, Jalaluddin, police made usual investigation and submitted charge sheet. So far the factum of killing of Azizul Haque on the date of occurrence is concerned, in view of the overwhelming medical and oral evidence on record. This has not been seriously disputed or challenged. PW-5 is Doctor Brojen Bora, who held the autopshy over the dead body and found the following ante-mortem injuries on the person of the deceased :-