MD. ALIMUDDIN AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction and sentence dated 30-7-90 passed by the learned Sessions Judge, Nagaon in Sessions case No. 48(N-H)/87.

(2.) By the said judgment, appellant No. 1 Md. Alimuddin was convicted under Sec. 302, Indian Penal Code and sentenced thereunder to suffer imprisonment for life and to pay a fine of Rs. 2000.00 and in default of payment to undergo rigorous imprisonment for a further period of 6 months. Appellant No. 2 Md. Samsuddin was convicted under Sec. 324 read with Sec. 34, Indian Penal Code and sentenced thereunder to suffer imprisonment for 6 months. However, though appellant Nos. 3 and 4, namely, Md. Ajimuddin and Mr. Fakaruddin were convicted under Sec. 324 read with Sec. 34, Indian Penal Code, they were ultimately released on probation of good conduct.

(3.) On 6-9-85 at or about 9 a.m. Smt. Meherunnesa (P.W. 1) wife of deceased Tasir Ali, lodged a written complaint at Hojai Police Station alleging, inter alia, that on 5-9-85 at or about 9 p.m. present appellants and one Sri Md. Imamuddin being armed with lathi, spear etc. trespassed into the compound of the house of the complainant and injured her husband (deceased) with spear and one Smt Kutubjan bibi with dao. It has further been alleged in the said complaint that when Abdul Kalam (P.W. 3) and Abdul Barik intervened after seeing the assault, they were also assaulted and injured with lathis. On the basis of the said complaint, an FIR was registered at Hojai Police Station on 6-9-85 at 9 a.m.