AYUB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the appellants. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for respondent No.1, i.e. State of Assam. None has appeared for respondent No.2.

(2.) This Criminal Appeal has been filed by the appellants challenging the order dated 04.12.2017, passed by the Additional Sessions Judge, Hojai, by which the present appellants have been convicted under Sections 323/302/34 IPC and have been sentenced for rigoruous imprisonment for life and fine of Rs.10,000/- each, with default stipulations.

(3.) The incident occurred at village "Bordolong" in the district of "Nagaon". The case of the prosecution as per the contents of the FIR is that on 11.12.2007 at about 3:00 PM the five assailants, namely, Md. Ayub Ali, Md. Minhaz Uddin, Md. Hisab Uddin, Md. Babu Miya and Musstt. Kamalarun Nessa, who were armed with "dao", rod, axe etc., barged inside the property of the informant, which is a residential house, withan enclosed yard. There was an argument over a previous dispute and then there was an argument with the elder brother of the informant, i.e., the deceased Md. Taz Uddin. Sensing danger, Taz Uddin started to run away from the place. He was chased by the accused persons who finally caught him in the nearby agricultural field of Ajgar Ali, which was about 200 meters away from his house, and killed him on the spot by inflicting blows with sharp weapons which they were carrying. After that they had also beaten up Musstt. Khadija Begum, i.e. wife of the deceased Md. Taz Uddin. She was beaten with arod which fractured her left hand.They also kicked and inflicted blows on Musstt. Aftarun Nessa and Musstt. Amirun Nessa causing injuries on their lower abdomen, legs, hands and other parts of their body. It was also alleged in the FIR that the assailants took away some important documents, cash amount of Rs. 15,000/- and ornaments etc. They left the scene saying "Where is your father ? We will surely kill him."