MD. RUSTAM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Borgohain, learned counsel for the appellant in Crl.A.(J) 29/2015; Ms. M. Buzarbaruah, learned amicus curiae for the appellant in Crl.A.(J) No.30/2015 as well as Mr. A. Ahmed, learned counsel, appearing for the appellants in Crl.A. No.98/2015. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1 and Mr. D. Baruah, learned counsel appearing for the respondent No.2.

(2.) These three appeals have been taken up together as these arise out of the same judgment dtd. 9/3/2015 rendered by the learned Sessions Judge, Jorhat, in Sessions Case No.118(J-J)/2008, by which 4(four) accused, namely, (i) Md. Rustam Ali @ Matu, (ii) Bidya Sagar Rabi Das @ Badam, (iii) Fazlul Ali and (iv) Junu Rahman, have been convicted under various Sec. of the Indian Penal Code, 1860 IPC (hereinafter referred as IPC).

(3.) Mr. S. Borgohain, learned counsel for the appellant in Crl.A.(J) No.29/2015 submits that apart from the retracted confessional statement of the appellant, none of the prosecution witnesses has leveled any allegation against the appellant and the Trial Court convicted the appellant based on a presumptive fact, which did not exist, relying on the statement of one witness (PW1) that the appellant had whitewashed house of the PW1, who was brought by another appellant (Bidya Sagar) and the PW1 had owed some money for the works done by the appellant Rustom Ali which was paid about 4/5 days before the incident.