MORAM ALI & ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 21.4.2004, passed, in Sessions Case No.91/1998, by the learned Additional Sessions Judge (FTC), Nagaon, convicting the four accused-appellants, namely, Moram Ali, Saiful Ali, Joinal Uddin and Sahajuddin under sections 323 and 325, Penal Code read with section 149 thereof and sentencing each of them to suffer, for their conviction under section 323 read with section 149, IPC, rigorous imprisonment for one year and to also suffer, for their conviction under section 325 read with section 149, IPC, rigorous imprisonment for six months.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus: On 23.1.1997, at about 9 p.m., the appellants along with others attacked Innus Ali, Hazarat Ali, Joynal Abedin, Nekbor Ali and Ahmed Ali and, on hearing the cries raised by the victims, when Innus All's wife, Phulbanu Bibi, came running to the place of occurrence, she too was assaulted by the accused-appellants and their associates. As a result of such assault, the victims sustained injuries and they were, initially, taken to Katholia Hospital, but as their injuries were found to be serious in nature, they were shifted to Civil Hospital, Nagaon, and, on the following day, Phulbanu Bibi died at the hospital. On her death, inquest was held on her deadbody and post mortem examination was also performed. On completion of investigation, police laid charge sheet against the accused persons under sections 323/325/302/149, IPC.

(3.) During trial, charges, under sections 323/325/302 read with section 149, IPC, were framed against the accused. However, when the charges were read out and explained to the accused persons, they pleaded not guilty thereto.