FAKHAR UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. T.J. Mahanta, learned senior counsel assisted by Mr. A. Das, learned counsel for the appellants. We have also heard Ms. B. Bhuyan, learned senior counsel assisted by Ms. B. Bora, learned counsel representing the State respondent.

(2.) The instant appeal has been preferred by the accused/appellants being aggrieved and dissatisfied with the Judgment of conviction dtd. 23/12/2014 passed by the Learned Additional Sessions Judge, Karimganj in Sessions Case no 85/2011 whereby the Learned Trial Court had convicted the appellants u/s 302/149 IPC and sentenced them to undergo imprisonment for life and to pay fine of Rs.50,000.00 each in default to undergo rigorous imprisonment for one year each. They were further sentenced to undergo rigorous imprisonment for 3 years for committing the offence u/s 148/149 IPC. All the sentences were directed to run concurrently.

(3.) The brief facts of the prosecution case is that the informant Kalam Hussain lodged an Ejahar on 07/11/2009 before the O/C, Ratabari P.S. stating inter alia that on 04/11/2009 around 7 A.M. the accused persons namely Suruj Ali, Fakharuddin, Jalaluddin, Haris Ali, Joinul Haque and Hussain Ahmed attacked his elder brother Abul Hussain on the road due to previous enmity. They first abused his brother and then Suruj Ali struck a blow with a lathi on the head of his brother causing injuries thereon. When his brother fell on the ground, the rest of the accused persons started to assault him with lathis as a result of which, he sustained injuries on different part of his bodies. Thereafter, his brother became unconscious and the accused persons had left the place. Subsequently his brother was taken to Ratabari P.S. in a critical condition and the police sent him to Chargola Hospital for treatment. As the condition of his brother was critical, his injured brother had been shifted to Silchar Medical College and Hospital wherein he succumbed to his injuries.