ABDUL KASEM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The accused-appellant were convicted and sentenced to undergo imprisonment of life and fine of Rs. 2000/- each, in default, the accused-appellants shall undergo rigorous imprisonment for one year. Against this order of conviction, the present appeal is filed by four accused-appellants.

(2.) The prosecution case, in short, is that, on the night of 22-5-1991, at about 1 a.m. Kasem Ali, Fatar Ali, Samad Ali, Abdul Malek, Jamiruddin, Manik Ali along with other persons being armed with axe, dagger, gun etc. entered into the house of the deceased-Nurul Islam after breaking open the door they caused serious injuries to Nurul Islam with the help of deadly weapons. Nurul Islam's wife Sakina, since deceased, raised hue and cry and P.W. 1 Md. Torab Ali, brother of the deceased, rushed to the house of his brother Nurul Islam and saw Nural Islam lying on the bed having injuries on his person. Number of other persons gathered there. Torab Ali asked his brother as to what had happened and Nurul Islam told that all the persons named above came together and assaulted him. Nurul Islam was immediately taken to Nakhuti Police Petrol Post and thereafter he was shifted to Lanka Primary Health Centre. He succumbed to his injuries on 22-5-1991.

(3.) Prosecution has examined six witnesses to prove its case. Md. Tarab Ali Sarkari, P.W. 1, who has lodged the FIR, is the brother of the deceased-Nurul Islam, Md. Majibul Islam, P.W. 2, is another brother of the deceased-Nurul Islam. Dr. Tirtha Nath Bhuyan, P.W. 3, who was conducted the postmortem examination on the deadbody of the deceased-Nurul Islam. Dr. Abdul Wariz, P.W. 4, who has recorded the dying declaration of the deceased-Nurul Islam which is Ext. 1 on record. The prosecution has also led the evidence of Adam Ali, P.w. 5, a cultivator of the village and Arfan Ali Ahmed, P.W. 6, the Investigating Officer.