KAMALUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.K. Goswami, learned counsel for the appellants and Mr. F.H. Laskar, learned PP, Assam.

(2.) That the conviction of the accused/ appellants under Section 304 Part-II IPC and the subsequent sentence of 3 years rigorous imprisonment and to pay a fine of Rs. 1000/- in default 2 months simple imprisonment imposed by the judgment and order dated 9.7.2001 passed by the learned Sessions Judge, Karimganj in Sessions Case No.74/ 96 is the subject matter of challenge in this Criminal Appeal.

(3.) The prosecution case, briefly stated, is that on the evening of 1.9.95 when the 5 accused persons namely, Jamal Uddin, Kamal Uddin, the appellant No.1, Jabbar Mian, Abdul Gafur, the appellant No.2 and Kabir Uddin were playing carom in the shop house of Abdul Gafur, the appellant No. 2, at Telakona, the informant, P.W. 1, Makai Mia who, on hearing the Ajan, was on his way to offer Mugrib Namaj in the Masjid situated in the same bazaar seeing them playing carom, requested the accused persons named above not to play carom at that time and left for Namaj in the Masjid. On his way back after offering prayer in the Mosque, the accused persons mentioned above confronted him charging that how it bothered him while they were playing carom. At this, an altercation started between P W.1 and the 5 accused persons culminating in a mutual marpit amongst them. As a result, PW 1 was assaulted. Seeing this, Sarab Uddin, (since deceased), Ajijur Rahman and Abdul Malik being the cousins and son of the informant respectively came to his help. All 5 persons thereafter assaulted them with the help of wooden lathi causing injury to them. Sustaining severe head injury, Sarab Uddin fell down on the ground unconscious and was taken alongwith others to Kalibari Primary Health Centre where Sarab Uddin succumbed to his injuries 2 days after the injury. P.W. 1 lodged a written Ejahar with the Kalibari Police Out Post on 3.9.95 on the basis of which GR Case No. 1028/95 was registered. Investigation was initiated and on completion of the investigation, the police submitted charge sheet under Sections 147/148/149/ 323/302 IPC against the accused persons. The case was committed to the Sessions Court whereupon Sessions Case No.74/96 was registered.