MOINA AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Learned Counsel, Mr.S.B.Rahman appearing for the appellant and learned Addl. Public Prosecutor, Ms. B. Bhuyan for the State/respondent were heard.

(2.) This appeal is directed against the judgment and order dated 28-08-2018 rendered by the learned Sessions Judge, Karbi Anglong, in Sessions Case No. 66/2000, whereby, the present appellant was convicted u/s 302/341 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.2,000/- with default clause u/s 302 IPC and to suffer rigorous imprisonment for another one month u/s 341 IPC.

(3.) The prosecution case in a nutshell was that on 09-03-1996, at about 10 PM, when Sukur Ali, son of the informant, was coming home on a motorbike with Ram Chandan Sahani (deceased), the accused Badal Ahmed stopped him on the way and had some discussion with him. In the meantime, the accused Jakub, Moina and Akonman Ahmed arrived there and all the four accused persons mounted assault on Sukur Ali and Ram Chandan with bamboo and wooden sticks, causing grievous injuries on the head of Ram Chandan Sahani, who died at the spot. The accused persons also inflicted grievous injuries to Sukur Ali. A written report was lodged by the mother of Sukur Ali, on the following day at 10 AM. Treating the said written report as FIR, police registered Bokajan PS Case No.39/1996 u/s 341/325/302/307/34 IPC and upon completion of the investigation submitted charge-sheet against all the four accused persons including the present appellant. One of the co-accused Akon Ahmed expired before commencement of the trial and the rest including the appellant stood trial.