MOHAMMAD JASIMUDDIN AHMED Vs. STATE OF ASSAMTL

JUDGEMENT

(1.) APPELLANT Jasimuddin Ahmed alias Abdul Waheb was tried under Section 302 read with Section 34 Indian Penal Code along with six other accused persons including Gelo Rashid alias Abdul Rashid for causing the death of Hasen Ali Mondal. After the conclusion of the trial accused Gelo Rashid was convicted under Section 326 Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/ - only, in default to rigorous imprisonment for further six months. The appellant was convicted under Section 302 read with Section 114 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/ -, in default to rigorous imprisonment for further one year. This appeal is only by Jasimuddin.

(2.) THE brief narration of the facts for the prosecution is that on 23 -8 -1971 deceased Hasen Ali Mondal of village Kaimari, who was the President of the Saguanchara Gaon Sabha was returning home along with the appellant Jasimuddin, Secretary of the same Gaon Sabha. In the evening at about 7 -30 P. M. while he was going home from Boxirhat he was waylaid and assaulted by some persons at village Choto Guma. Deceased Hasen Ali Mondal ran towards the house of Suleman and fell down. The wife and mother of Suleman came out of their house and saw Hasen Ali Mondal lying dead. They also saw some persons fleeing away of whom Gelo Rashid was recognised as one amongst them. The appellant was found standing near Hasen Ali Mondal. Information was sent to the house of the deceased and his brothers and other relatives came to the place of occurrence. P. W. 11, Jamaluddin Ahmed, cousin of the deceased, lodged an F.I.R. at Gos -saigaon Police Station, where a case under Section 302 Indian Penal Code was registered. Taking up the investigation of the case, police went to the place of occurrence and held inquest over the dead body of the deceased. The dead body was sent to Dhubri Civil Hospital for post mortem examination. During the course of investigation, the police arrested as many as 13 persons of whom 7 including the appellant were charge -sheeted. Police could not arrest four persons who were charged as absconders.

(3.) THE death of Hasen Ali Mondal is not in dispute. P. W. 1 Asiran Bibi, wife of Suleman Seikh, near whose house Hasen Ali Mondal was found lying dead. P. W. 4 Akhiman Bibi, mother of Suleman, p. W. 9 Suleman, P. W. 6. Khastor Seikh, a neighbour of Suleman and other witnesses have testified to the death of Hasen Ali Monda. P. W. 2 Dr. D. N. Sarma. Sub -Divisional Medical and Health Officer. Dhubri held the post -mortem examination on the dead body of Hasen AH Mondal and he found the following injuries: