SUBED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused/appellants were put on trial for commission of offence u/s 302/34 IPC before the learned Sessions Judge, North Lakhimpur in Sessions Case No. 70(NL)/06. On conclusion of the trial, the accused/appellants were convicted u/s 302 r/w Section34 of IPC and sentenced to undergo imprisonment for life and to pay fine of Rs.5000/-, in default, to undergo further rigorous imprisonment for 1 year.

(2.) The prosecution story, in brief is that on 5.8.2005 at about 6-00 PM while Md. Motin and Abdul Barek were returning home from Borsola market by riding on their respective by-cycles, the accused/appellants, together with other accused persons restrained both of them on the road at Rajgarh Chariali and injured them by means of sharp weapons. As a result of the injury caused, the victims i.e. Abdul Barek died on the spot and Md. Motin succumbed to his injuries later in the hospital.

(3.) On receipt of the FIR in this regard, a case was registered by the officerin-charge, North Lakhimpur and investigation was launched. The Investigating Officer (I/O) caused the inquest of the dead body of the deceased Md. Motin and Abdul Barek through the executive Magistrate and thereafter sent the dead body for post-mortem examination to North Lakhimpur Civil Hospital. During investigation, the I/O also seized one dao as produced by one Harej Ali and one dagger produced by Md. Mamud Ali and Bamboo lathi produced by Abdul Barek.