AFTAB UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel appearing for the appellants. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No. 1 and Mr. B. Haldar, learned counsel appearing for the informant/respondent No. 2.

(2.) This appeal has been preferred by the two appellants viz., Aftab Uddin and Intaz Ali assailing the judgment and order dated 28.11.2018 passed by the court of Additional District and Sessions Judge, Hojai in connection with Sessions Case No. 14(N)/2011 whereby, both the appellants have been convicted under Sections 120-B/302 of the Indian Penal Code (IPC) for committing the murder of Md. Abdul Latif and sentenced to undergo rigorous imprisonment for two years each for committing the offence under Section 120-B of the IPC and to suffer rigorous imprisonment for life for committing the offence under Section 302 of the IPC and also to pay fine of Rs. 10,000/- each, in default of which, to undergo simple imprisonment for 3 (three) months each.

(3.) The prosecution case, in brief, is that on 12.07.2007, at around 5.30 p.m. the appellant No. 2, Intaz Ali came to the house of the deceased and asked him to accompany him to the Kaki No. 3 Moinapur Market. Accordingly, the victim, accompanied by Intaz Ali, went to the market and while he was moving around in the market, the accused persons had attacked the deceased Md. Abdul Latif in front of the shop of Niranjan Paul with sharp weapons such as daggers and daos and caused grievous injuries upon the victim and left him unconscious on the road. The victim was then shifted to the hospital for treatment but later on, he had succumbed to his injuries.