MD. ABDUL AZIT Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals -Crl. Appeal no. 158/2018 & Crl. Appeal no. 222/2018 -under Section 374 (2), Code of Criminal Procedure, 1973 ('the Code' and/or 'CrPC', for short) are preferred by four accused-appellants viz. (1) Mafizuddin, (2) Saiful Islam, (3) Abdul Azit and (4) Nobi Hussain against the judgment and order dated 31.03.2018 passed by the learned Sessions Judge, Morigaon in Sessions Case no. 46/2012, arising out of G.R. Case no. 822/2011. By the judgment and order dated 31.03.2018, all the accused-appellants have been convicted under Sections 302/34, Indian Penal Code (IPC) and they all have been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 25,000/- (Rupees twenty five thousand) each, in default, to undergo further term of simple imprisonment of 6 (six) months each.

(2.) It was on 02.09.2011, one Ms. Asma Begum [P.W.2], daughter of Amsar Ali, resident of Baralimari (Goriapatti), Police Station -Bhuragaon, District -Morigaon lodged an Ejahar before the Officer In-Charge, Bhuragaon Police Station stating inter-alia that on 30.08.2011 last, an altercation ensued between her father, Amsar Ali and the accused-appellant, Nobi Hussain with regard to an amount of Rs. 50/- which amount Amsar Ali was to receive from the accusedappellant, Nobi Hussain as wage. It was alleged that out of said grudge, all the four accused -(1) Abdul Azit, (2) Nobi Hussain, (3) Mafizuddin and (4) Saiful Islam - armed with sharp weapons, trespassed into the house of Amsar Ali at about 9-00 p.m. on 31.08.2011 while Amsar Ali was sleeping. Allegations were to the effect that the accused, Nobi Hussain with the intention to kill, inflicted a dagger blow in the abdomen of Amsar Ali and as a result, he sustained grievous injury as he started bleeding profusely. Hearing screams of Amsar Ali, all rushed to his house. Though the accused persons could be recognized all of them had managed to run away. Amsar Ali was taken to Morigaon Civil Hospital wherefrom he was referred to Guwahati finding his condition critical. It was further mentioned that at the time of lodging the Ejahar, Amsar Ali was being treated in a hospital in Guwahati.

(3.) On receipt of the said Ejahar [Ext.-1], the Officer In-Charge, Bhuragaon Police Station registered a case being Bhuragaon Police Station Case no. 37/2011 (corresponding G.R. Case no. 822/2011) for offences punishable under Sections 457/326/34, IPC on 02.09.2011 and entrusted the investigation to one Sri Sarsing Terang [P.W.-6], a Sub-Inspector of Police attached to Bhuragaon Police Station.