HUSSAIN ALI AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 25.6.91 passed by the learned Sessions Judge, Barpeta in Session Case No. 40(B) of 1986, convicting the Appellants Under Section 148/302/149/201 IPC and sentencing each of them to suffer R.I. for life and to pay a fine of Rs. 10,000/- each and in default to undergo R.I. for a further period of 3 years.

(2.) THE prosecution was set in motion on the basis of F.I.R. filed by one Amar Ali, brother of the deceased at the Baghbar Police Station at 7.30 A.M. of 26.5.84, In the F.I.R. the informant alleged that in the afternoon of 25.5.84, his elder brother Anwar Hussain the deceased while returning home from Barpeta 8 (eight) accused persons learned in the F.I.R. with others gheraoed him and killed him with the gun, sharp weapons etc. After killing him the accused persons dragged the dead body of Anwar Hussain from the place of occurrence and threw the dead body into the Beki river. When the informant went to rescue the dead body, the accused chased to kill him, but somehow he saved himself by taking shelter in the house of another person. After receipt of the F.I.R. the Baghbar P.S. Case No. 65/84 Under Section 147/148/149/302/201 IPC was registered. Police after investigation the case submitted charge sheet. The case was committed by the learned Magistrate to the court of the learned Sessions Judge. Barpeta and the Session Case No. 40(B) 1986 was registered. The learned Sessions Judge, Barpeta on perusal of the materials on record framed charges Under Section 148/302/149/201 IPC against all the accused Appellants. The accused Appellants not having pleaded guilty, the case was tried.

(3.) AFTER conclusion the hearing, the learned Sessions Judge on examination of the evidence and other materials on records held that prosecution was able to establish the charges against all the accused Appellants under Sections 148/302/149/201 IPC beyond reasonable doubt and on the basis of the finding convicted all the accused, persons under Sections 148/302/149/201 IPC and sentenced each of them to suffer life imprisonment for commission of the offence under Sections 302/149 IPC and to pay fine of Rs. 10,000/ - each, in default, to undergo R.I. for further period of (sic) ears each. The learned Sessions Judge, however, did not pass any separate sentence against the accused Appellants for the commission of the offence under Sections 148/201 IPC. The learned Sessions Judge further ordered that in case the fine was realised from the accused persons, half thereof should be paid to the P.W. -2, P.W. -3 and P.W. -6 respectively, the daughters and son of the deceased.