MD. MAHIBUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned Senior Counsel for the appellants and Mr. Z. Kumar, learned Public Prosecutor.

(2.) THE two appellants Mahibul Hoque and Armanul Hoque were tried for the offence under Section 302/323/324 IPC by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 74 (DM)/2000. On conclusion of the trial, vide impugned order dated 26.6.2002, the appellant Mahibul Hoque was convicted under'Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5,000, in default to further imprisonment for six months. The other accused appellant Armanul Hoque was convicted under Section 323 IPC and sentenced to imprisonment for six months. Hence, the present appeal.

(3.) IN the opinion of the Doctor, the death was due to comma resulting from the head injury described which was homicidal in nature and ante -mortem. In the opinion of the Doctor, the injury was caused by blunt weapon.