MOGJUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused/appellants who stood trial in Sessions Case No. 45/04 along with one Abdulla Hoque under Section 147/ 148/ 149/ 323/ 325/ 302 of the Indian Penal Code (for short, hereinafter referred to as the IPC) have been convicted by the judgment and order dated 6.9.2006 rendered in the said proceeding under Section 302/ 323/ 325/ 34 IPC and sentenced to suffer (i) rigorous imprisonment for life for their conviction for murder and to pay a fine of Rs. 1000/-, in default, rigorous imprisonment for three months; (ii) rigorous imprisonment for six months for their conviction for causing simple injury; and (iii) rigorous imprisonment for five years for causing grievous hurt and to pay a fine of Rs. 500/-, in default, rigorous imprisonment for two months. Their co-accused Abdulla Hoque was, however, exonerated of the charges. Thus, being aggrieved, they are in appeal. We have heard Mr. N. Ahmed, learned counsel for the accused/ appellants and Mr. KA Mazumdar, learned Addl. Public Prosecutor, Assam for the State.

(2.) The prosecution case is traceable to the GD. Entry No. 379 dated 24.10.99 recorded at the Rakshasmari Police Out Post on the basis of wireless message reporting a clash between two factions of Muslim community at Amtol Bajaligaon under Dhekiajuli Police Station in the district of Sonitpur. Investigation commenced on the basis thereof and in the next morning at about 8.30 a.m. the FIR pertaining to the incident was lodged by one Md. Sahjahan Ali addressed to the Officer-in-Charge of Rakshasmari Police Out Post to the effect that in the previous evening of 23.10.99 his co-villager Rahman Ali's cattle had strayed into the paddy field of Md. Alimuddin and destroyed the same. Later in the evening at about 7 p.m. Md. Jalil Sheikh had informed Md. Alimuddin, Md. Musa Ali, Md. Khalekuddin and Md. Mumtaza Ali that there would be a meeting in the house of Maqjul regarding building of a mosque. The FIR discloses that accordingly these persons went to attend the meeting where Md. Mahir Ali, Md. Alfaz Hussain, Md. Abbas Ali, Md. Nur Islam, Md. Magjal Haque, Md. Abdul Haque, Md. Kalimuddin Sheikh, Md. Rahman Ali, Md. Jalil Sheikh were already present being armed with 'dao' and 'lathi'. It was alleged in the FIR that these persons in a body hacked the informant's elder brother Musa Ali to death and further caused severe injuries to six persons, namely, Md. Alimuddin, Md. Mumtaz Ali, Md. Muhammad Ali, Ms. Halima Khatun, Ms. Gulecha Khatun and Ms. Samastabhan by assaulting them with 'dao'. That the informant too was dealt a 'dao' blow but had escaped luckily was mentioned in the FIR.

(3.) On the basis of this information which was preceded by the GD Entry as above, Dhmekiajuli P.S. Case No. 171/99 under Section 147/ 148/ 149/ 302/ 326 IPC was registered and on the conclusion of the investigation, chargesheet was laid against the accused/ appellants along with Abdulla Hoque, Abbas Ali, Altaf Hussain and Nur Islam under Section 147/ 148/ 149/ 326/ 302 IPC. The accused/appellants and Abdulla Hoque were charged under the above provisions to which they pleaded 'not guilty' and claimed to be tried. At the trial, the prosecution examined twenty witnesses including the Investigation Officers and the doctors who had treated the injured and performed the post mortem examination. The statements of the accused persons under Section 313 CrPC were thereafter recorded. The accused persons elected not to adduce any evidence in defence. By the impugned judgment and order there were convicted and sentenced as above. The three other chargesheeted accused persons were declared absconders.