MD JAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. A. Begum, learned counsel for the appellant Md. Jakir Hussain in Crl. A No. 163/2016, and Mr. S. C. Biswas, learned counsel for the appellant Md. Jiabur Rahman in Crl. A No. 155/2016 as well as for the appellant Md. Akkas Ali in Crl. A No. 114/2017. Also heard Ms. S. Jahan, learned Additional Pubic Prosecutor, Assam for the State respondents in all the three appeals.

(2.) The three appeals are against the same judgment and order of conviction and sentence dated 20.04.2016, passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 167/2013 arising out of G.R.Case No.754/2013 corresponding to Tezpur Police Station Case No.402/2013, whereby the appellants were convicted under Sections 302/34 of the IPC and sentenced to suffer Rigorous Imprisonment for life with fine of Rs. 1000/- each in default Rigorous Imprisonment for further 1 month each.

(3.) On 07.04.2013 one Nayab Ali (PW.1) lodged an ejahar before the Borghat Police Out Post in Sonitpur district stating inter alia that on the previous night i.e., on 06.04.2013 at about 7.00 p.m. his son Hussain Ali left his house for Borguri village on a bicycle along with Rs. 3000/- to purchase a Godrej Almirah from a person, but he did not return home on that night and went missing. However on the morning of 07.04.2013 dead body of his son with severed head was found in the field of Puroni Alimur village wherein he was identified and his bicycle was also found in the place of occurrence. But the money that was taken by the deceased along with the mobile phone that he possessed could not be found. In the said ejahar the informant PW.1 also stated that he suspects one Jakir Hussain, one Jiabur Rahman and Babul Ali son of Abdul Hussain as the persons involved in murdering his son as those persons reside near his house and had been working as labourers along with his son for the last 4/5 months and his said son use to spent his leisure time with them. It was also stated in the ejahar that those person did not come to see the dead body of his son at the place of occurrence nor they took part in the funeral rites of his deceased son.