MD SAFIQUE UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.M. Bora, learned Sr. counsel assisted by Mr. D.P. Bora, learned counsel for the appellants in Crl. Appeal No. 200/2017, Mr. K. Goswami, learned Sr. counsel appearing as amicus curiae in Crl. A. (J) No. 49/2017 and Dr. B. Ahmed, learned counsel appearing on behalf of the appellants in Crl. Appeal No. 174/2017. Ms. S. Jahan, learned Addl. P.P. Assam has appeared on behalf of the State in all the aforesaid appeals.

(2.) The Crl. Appeal No. 174/2017 has been preferred by the accused/ appellants, viz. (i) Md. Safique Uddin @ Safiqur Rahman, (ii) Nijam Uddin, (iii) Md. Noor Uddin, (iv) Jamir Uddin and (v) Md. Azizur Rahman. Crl. Appeal No. 200/2017 has been preferred by the accused/ appellants, viz. (i) Md. Abdul Matlib, (ii) Jain Uddin and (iii) Safique Uddin and Crl. Appeal (J) No. 4/2017 has been preferred by the accused/ appellants, viz. (i) Anowar Ali and (ii) Abdul Salam.

(3.) The prosecution case, in brief, is that on 23/4/2011, at about 10:40 p.m. the accused persons, in a body, armed with lethal weapons such as spears, gun etc. attacked the deceased with sharp weapons and also fired gunshot resulting into grievous injury on the body of the deceased Mahibur Rahman leading to his death. The accused persons had also assaulted the wife of the deceased and his 03 years old son causing injuries to them. On 24/4/2011 the brother of the deceased viz. Md. Habibur Rahman had lodged an ejahar before the Officer-in-Charge (O/C) of Hojai Police Station informing about the incident. In the FIR, names of as many as 08 accused persons have been mentioned which are as follows:-