BILALUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Four (4) accused-appellants Bilaluddin, Ennas Ali, Isab Ali and Abdul Matleb had been convicted u/ Ss. 302/304, IPC and sentenced to suffer imprisonment for life and to pay fine of Rs. 100.00 each in default R.I. for another 3 months vide judgment dated 18-7-1985 passed by the Sessions Judge, Nagaon in Sessions Case No. 64 (N)/1982 arising out of G. R. Case No. 1767/1980.

(2.) There was no dispute on the fact of death of Samsul Haque on 26-6-1980 as a result of injuries sustained. Dr. S. K. Barthakur (P. W. 1) held post mortem examination on the dead body of Samsul and found the following injuries: -

(3.) P. W. 2 Iman Ali lodged the First Information Report, stating that he found Samsul Haque lying injured at the place of occurrence and on query injured said that Bilaluddin; Abdul Matleb, Isam Ali and Ennas Ali assaulted him with dagger, dao and spear; and that Samsul died while carrying towards Thana.