AKHER ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 1.3.2007, passed by the learned Sessions Judge Darrang, Mangaldoi, in Sessions Case No. 47(DM)/2003. By the impugned judgment and order, the learned Sessions Judge convicted the appellants for the offences under Sections 302/ 323/ 34 IPC and sentenced them to suffer imprisonment for life and pay fine of Rs. 5,000/- each, in default suffer rigorous imprisonment for six months each for their conviction under Sections 302/ 34 IPC. The appellants were also sentenced to suffer rigorous imprisonment for six months each and pay fine of Rs. 500/- each, in default suffer rigorous imprisonment for another period of 15 days, for their conviction under Section 323/ 34 IPC. It was directed that, in the event of realisation of the fine amount, the same shall be paid to the widow of the deceased as compensation and that the sentences shall run concurrently. We have heard Mr. A. Bora, learned Amicus Curiae, appearing for the appellants and Mr. D. Das, learned Additional Public Prosecutor.

(2.) The prosecution case, in brief, is that, on 21.7.1999 at about 7 A.M., Md. Sayeb Ali @ Sayed Ali (PW 1), approached Mr. Maha Ali (appellant) demanding payment of money, which was due to him, but altercation followed by beating took place between the two. Coming to know about the said incident, Md. Ismail Ali (PW 4), Idrish Ali (since deceased) and Jhoru Seikh (PW 6), appeared to intervene. In the mean time, other appellants, namely Akher Ali, Ahmad Ali and Mahammed Ali also joined the quarrel as a result of which beating took place between both the groups. Mr. Ahmed Ali (absconder) gave a blow on the head of Idrish Ali (deceased) with an axe and he succumbed to the said injury sustained by him. In the said incident, Md. Ismail Ali (PW 4) and Jhuru Ali (PW 6) also sustained injuries on their persons.

(3.) Md. Sayed Ali (PW 1), lodged the FIR with the Officer-in-Charge, Dhula Police Station. On receipt of the said FIR (Exhibit 5), Police registered a case, under Sections 341/ 325/ 34 IPC and launched investigation into the matter. During the course of investigation, Police visited the place of occurrence, prepared the sketch map, conducted the inquest in respect of the dead body, forwarded the dead body for post mortem examination, collected the post mortem report, recorded the statement of the witnesses and arrested the accused persons. Police also seized one axe in presence of witnesses.