(1.) The accused appellant is convicted for life imprisonment under Section 302 IPC and to pay a fine of Rs. 1000/- and in default Rigorous Imprisonment for one year. The conviction was for causing death of Fridush Ali.
(2.) According to the prosecution, on the night of 12th February, 1996 Faria Begum, wife of deceased Firdush Ali was alone in her house. Her husband, deceased Firdush Ali, came back to the house at about 11 PM and found the accused Siddique Ali, a neighbour, beneath his bed. Siddique Ali was apprehended and other villagers were informed of his concealment in the house of Firdush Ali. Father of the accused Himmat Ali and his brother Hadis Ali, Mehtab Ali came to the house of the deceased armed with weapons. Himmat Ali, Mehtab Ali and Siddique Ali were acquitted by the Trial Court. (No appeal has been filed against their acquittal by the State). All these accused persons came to the house of the deceased and there was an altercation between them and the accused Hadish Ali gave a blow over the head of the deceased from the blunt side of his axe. Deceased Firdush Ali fell down on the ground and thereafter he was taken to the Hospital, wherein he succumed to his injury on 13.2.96.
(3.) First information Report was lodged by Khashnur Ali, PW-3, on 13.2.96. Post Mortem on the body of the deceased was conducted by PW-1 Dr. Sribatsa Gopal Goswami, who found the following injuries: