NURUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order, dated 24.3.2000, passed by the learned Sessions Judge, Barpeta in Sessions case No. 42/97, convicting the accused-appellant under Section 302 and 323 read witi Section 149 IPC and sentecing each of them, for conviction under Section 302 read with Section 149 IPC, to undergo imprisonment for life and also to pay a fine of Rs. 2000.00 and in default, to undergo rigorous imprisonment for 2 months and also sentencing each of them, for their conviction under Section 323 read with Section 149 IPC, to undergo rigorous imprisonment for another period of 6 months and pay fine of Rs. 500/- and in default, to undergo rigorous imprisonment for another period of 1 month with direction that substantive part of the sentence under both penal sections will run concurrently.

(2.) The case against the accused appellants, as unfolded at the trial, may, in brief, be stated as follows: On 29.5.95, at about 3.30 P.M., when accused appellant No. 5, namely, Akub Ali's cow's was found grazing at the paddy field of AH Akbar, his wife, Anowara Begum, wanted to take away the cow, but accused Akub AH assaulted her with sandals. About one and half hours thereafter, accused Sona Mia came to AH Akbar's courtyard, abused Anowara and threatened to kill her. At that point of time accused Akub, Nurul Mahibul, Makbul, Habel, Naser, Hussain AH, Ismail and Khaleque also entered into Anowara's courtyard and assaulted Anowara's sons, namely, Manirul Jamal and Nurul Hoque. At the time when Anowar's sons were being so assaulted, Anowara's younger brother, Inamul, who had come on a courtier visit to his sister's house and was sleeping there, woke up and sat on the bed, but accused Akub Ali and others dragged him outside and assaulted him seriously. The accused also assaulted Anowara and went away from the scene of occurrence leaving behind Inamul almost dead. Anowara, Nurul and Moridul also sustained injuries on their persons. On being informed about the occurrence by injured Nurul Haque, Inamul's elder brother Nazrul Islam, came to the house of Anowara and found there Inamul lying injured and vomiting blood. Upon being asked what had happened, Inamul narrated to him the occurrence. Injured Inamul was first taken to a PHC at Barpeta Road and on being referred to the GMCH, Guwahati, he was taken and admitted there on the very night of the occurrence, but he died on 30th May, 1995, at about 7.40 P.M. On being informed by the doctor of the said hospital about the death of Inamul, police from GMCH outpost visited the GMCH, held inquest over the said dead body and prepared inquest report (Ext. 1) Post mortem examination was also held over the said dead body and post mortem report was prepared. Nazrul Islam elder brother of the deceased lodged a written Ejahar (Ext.2) at Bhabanipur P.S. on 31.5.95. Based on this Ejahar, Barpeta P.S.Case No. 337/95 under Section 147/448/325/302 IPC was registered against as many as ten accused persons. Other injured persons, namely, Anowara, Nurul and Moridul were also medically examined. On completion of investigation, police submitted charge sheet against as many as ten accused persons under Section 147/149/448/323/307/302 IPC.

(3.) During trial, charges under Sections 302 and 323 read with Section 149 IPC were framed against the accused, but when the charges, so framed, were read over and explained to the accused, they all pleaded not guilty to the charges.