MD. KISMAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. D. K. Bhattacharyya, learned counsel appearing for the appellants. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent no.2.

(2.) This appeal is directed against the judgement and order dtd. 07/05/2018 passed by the learned Sessions Judge, Kamrup, Amingaon, in Sessions Case No. 124/2014, convicting both the appellants under Ss. 302/34 of the Indian Penal Code (IPC) for causing death to the victim Ajijur Rahman in furtherance of a common intention and also convicting them under Ss. 341/342 of the IPC for wrongfully restraining the deceased. Accordingly, both the appellants were sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.2000.00 each with default stipulation for committing the offence under Ss. 302/34 of the IPC. They were also sentenced to undergo simple imprisonment for one month each for the offence committed under Ss. 341/34 of the IOC and to suffer simple imprisonment for six months for the offences committed under Sec. 342/34 of the IPC. Aggrieved thereby, the appellants have approached this Court by filing the present appeal.

(3.) The prosecution case, in a nutshell, is that the appellants had wrongfully restrained the deceased and grievously assaulted him inside the house of the appellant no. 1 Kismat Ali, which had resulted in his death. On 22/12/1999, the mother of the deceased, viz, Sayada Bibijan Begum had lodged an ejahar before the Officer-in-Charge of Hajo Police Station reporting that about 4-5 days back, the six accused persons named in the ejahar, had cut some portions of their K.P. patta land, as a result of which, an altercation took place between her son Sayad Ajijur Rahman and the accused persons. Around 9 a.m. on 22/12/1999, when her son was coming from Barmi Village Chowk towards their residence and had reached the house of co-villager Md. Safique Ali, all the accused persons, out of rage, had attacked her son on the road with the intention to murder him. They tied his hands and legs and dragged him forcibly to the residence of the accused no. 1 i.e. Md. Kismat Ali. They locked him inside a room and stabbed him with sharp weapon and daggers, thus inflicting various injuries on his body. According to the informant, the accused persons had also beaten him with iron rod and broke the bones of his both hands and legs and made him blind by pouring acid. Thereafter, the accused persons had left the house leaving the injured boy in a critical condition. The family members later took him to the Guwahati Medical College and Hospital (GMCH) in a grievously injured condition and presently he was battling with life. On receipt of the ejahar, Hajo PS case No. 229/1999 was registered under Ss. 341/342/326/307 of the IPC and the matter was taken up for investigation. However, in the meantime, the victim Ajijur Rahman succumbed to his injuries, as a result of which, Sec. 302 of the IPC was added.