LAWS(GAU)-2022-6-29

ALTAF HUSSAIN BARBHUYAN Vs. STATE OF ASSAM

Decided On June 13, 2022
Altaf Hussain Barbhuyan Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. A. Choudhury, assisted by Mr. D. Borah, learned Counsel appearing for the appellants in Crl. A. No. 281/2016 and Mr. A. R. Bhuyan, assisted by Mr. MAI Hussain, learned counsel appearing for the appellants in Crl. A. No. 260/2016. We have also heard Mr. P. Borthakur, learned Addl. P.P. Assam appearing for the State/respondents.

(2.) This judgment shall cover the disposal of the Criminal Appeal no. 281/2016 preferred by accused/appellants 1. Altaf Hussain Barbhuyan @ Alta Hussain, 2. Abdul Kadir and 3. Abdul Wahid Barbhuyan and Criminal Appeal No. 260/2016 filed by other accused/appellants namely 1. Borai Mia @ Giasuddin, 2. Badal Mia, 3. Siraj Uddin and 4. Taimush Uddin Barbhuiya, arising out of the same judgment dtd. 12/8/2016 passed by the learned Sessions Judge, Cachar, Silchar in connection with Sessions Case No. 185/2009 convicting the accused/appellants under Sec. 302/149 IPC and sentenced them to undergo imprisonment for life along with a fine of Rs.5,000.00 each with default stipulation.

(3.) The brief facts of the case is that the informant Ainul Haque Mazumdar lodged an ejahar before the Officer-In-Charge, Dholai Police Station stating inter-alia that in the early morning of 1/8/1994 his elder brother Nurul Islam along with their agricultural labourers went to plough their paddy field at Jamalchar. After some time he also went to their paddy field with a spade. Around 6.00 A.M. accused Atabur Rahman came to their house and falsely reported to his father that the accused persons namely 1. Nizam Uddin, 2. Md. Jalal Uddin, 3. Ramiz Uddin, 4.Badal Mian, 5.Borai Mian @ Giasuddin, 6. Md. Siraj Mian, 7.Md. Taimuz Uddin, 8. Md. Atabur Rahman, 9. Md. Kadir, 10. Md. Rastum, 11. Md. Nasir Uddin, 12.Md. Alta Hussain, 13. Md. Abdul Wahid, 14. Md. Abdul Latif, 15. Md. Giyas Uddin and 16. Md. Selim Uddin were assaulting them in the field. On receipt of the information, his parents rushed to the field. But no such incident noticed as reported. Thereafter, they were ready to return back home. When they reached in front of the house of Mujammil Ali, the aforesaid accused persons being armed with deadly weapons like dao, spear, lathi etc., suddenly started assaulting his father. He fell on the ground. Due to the alleged assault his father died on the spot. When he and his mother raised alarm, the accused persons fled away from the scene.