AHMED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal has been preferred against conviction of the appellant under Section 302 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.20,000/- (Rupees Twenty Thousand), in default, to undergo further R.I. for two years.

(2.) ON 13.09.1998 at 10.30 A.M. the accused and his brother Siddeque Ali had gone for fishing at the sluice gate of Bhelangi river of Patlikuchi village in Barpeta district. A quarrel suddenly took place between the two brothers on the issue of setting of net in the gate. Deceased Kaseruddin, son of Siddeque Ali, intervened with a view to pacify the two brothers. In the process, the accused assaulted the deceased with a pointed bamboo stick on the head. The injured was taken to Mandia Primary Health Center and was referred to Barpeta Civil Hospital. He was given medical treatment at 5.00 P.M. in the said hospital but he was advised to be taken to Gauhati Medical College for further treatment. However, since the parents of the victim were poor, they could not take the injured to the Medical College. The injured succumbed to his injuries at 11.00 P.M. Abdul Kader (PW 1), paternal uncle of the deceased, lodged the F.I.R. with Police Station, Barpeta on which S.I. Jadav Ch. Hazarika (PW 8) conducted investigation and after his transfer, the investigation was completed by Mohesh Hazarika (PW 9). Post mortem examination was conducted by PW 6, Dr. Dhiren Das, who was, at the relevant point of time, working as Deputy Superintendent of Barpeta Civil Hospital. He found swelling with haematoma on the middle and the right side of head over the right temporal bone above the right ear and bruises on the right side of back and on the left shoulder. According to him, the cause of death was shock and haemorrhage as a result of injury sustained which was ante mortem. After investigation, the accused was sent up for trial.

(3.) IN his statement under Section 313 Cr.P.C. accused stated that during quarrel suddenly his lathi blow had hit the deceased without any intention.