TAIYAB ALI AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal from jail is directed against the judgment and order dated 30th Sept., 2005, passed by the learned Ad-hoc Addl. Sessions Judge, Karimganj, in Sessions Case No.15/2003, whereby appellants above named were convicted under Sec. 302, read with Sec. 34 of the Penal Code and sentenced to rigorous imprisonment for life and to pay a fine of Rs. 5000.00 each, in default, to undergo rigorous imprisonment for three months more.

(2.) Smti Netrabala Namasudra at village Chandrai in the Ratabari police station area lodged an ejahar with the R.K. Nagar police outpost, stating that at around 7 PM on 24.6.1998, the accused Taiyab Ali, Maiyab Ali, Tasmir Ali, Ansar Ali and Reki Bibi attacked and assaulted her son Nikhil Namasadru out of previous grudge, when he was on way back home from the local Bazar and had reached near Chandrai LP School. The victim was left unconscious by the accused persons at the place of occurrence. On seeing him lying on the carriageway in a semi-conscious state, some passersby took him to a nearby public health centre for treatment.

(3.) On receipt of the ejahar, police registered a case being Ratabari PS case No.136/1998 and started an investigation. The victim, however, died after he was brought home from Hailakandi civil hospital. On completion of investigation, a charge-sheet, under Sec. 302, read with Sec. 34 Penal Code was filed against the accused persons.