SARAFAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Accused Nos. 1 to 4 and 6 in Sessions Case No. 6(NL)/88 of the Sessions Court, Lakhimpur, North Lakhimpur have filed this appeal against the judgment dated 20-12-89 of the Sessions Judge convicting them under Sections 302 and 324, I.P.C. read with Section 34, I.P.C. and sentencing them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000.00 with default sentence. Accused Nos. 5 and 7 to 12 have been acquitted and the acquittal is not challenged by the State.

(2.) Prosecution case is as follows : On the evening of 22-9-81, State Transport Bus No. 2580 was coming from North Lakhimpur to Bihpuria via Fatehpur. P.W. 11 was the Driver and P.W. 12 was the conductor of the Bus. P.W. 1 Abdul Sabhan Master, his son, now deceased, Abdul Hakim, P.Ws. 2 to 6, P.W. 14, P.W. 15 and others were travelling in the Bus. The Bus left Fatehpur Bazar and reached a small wooden bridge at Sundarikhal at about 6.45 P.M. Entry to the bridge was seen blocked by putting a bamboo across it. On the instruction of the conductor, P.W. 2 alighted from the Bus and pushed back the bamboo and got into the Bus. 6th accused armed with dao and others came to the bridge and 6th accused flourishing the dao replaced the bamboo so as to obstruct the passage. The twelve accused along with now deceased Yasin and Jabbar and others, all armed with deadly weapon like daos, daggers etc. came to the Bus. Some of them opened the driver's door and injured the driver. Others broke open the passengers' door of the Bus and entered. Meanwhile Abdul Hakim moved near the seat where his father P.W. 1 was sitting. Some of the accused stabbed Abdul Hakim with daggers and daos. When P.W. 1 begged them to spare his son's life, some of them stabbed him with daggers. Thereafter they left the place with their weapons. Abdul Hakim, who received bleeding injuries died inside the Bus. P.W. 11 drove the Bus with the dead body and some of the passengers to Bihpuria Police Station. P.W. 18, Officer-in-charge of Laluk Police Outpost, who was present in the Police Station, was put in-charge of the investigation. P.W. 1 gave Ext. 1 ejahar on the basis of which a case was registered against 14 persons including the present appellants. P.Ws. 1 and 11, the injured, were sent to local hospital for treatment. After being treated they returned to the station. P.W. 18 held inquest on the body and thereafter proceeded to the scene and seized certain articles. Post mortem was conducted by P.W. 16, Sub-divisional Medical Officer attached to North Lakhimpur Civil Hospital. P.W. 17, S.I. of Police also questioned the witnesses. Accused persons were duly arrested. P.W. 17, on completion of the investigation, laid charge-sheet against 14 persons including the appellants, of them Yasin and Jabbar died later.

(3.) The Sessions Judge framed charges under Sections 148 and 302 read with Section 34 and Section 324 read with Section 34, I.P.C. against the 12 accused. They pleaded not guilty, Prosecution examined 18 witnesses of them P.Ws. 2 to 4, 12 and 13 were declared hostile. Defence did not tender oral evidence. Accused, when questioned by the Sessions Judge, denied the truth of the prosecution evidence. Sessions Judge held that the charge under Section 148, I.P.C. has not been proved, that the complicity of accused Nos. 5 and 7 to 12 has not been proved and found the appellants guilty under Sections 302 and 324, I.P.C. read with Section 34, I.P.C.