MD. MAJIBUR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE appellant herein stands convicted under Section 302 of the Indian Penal Code and also under Section 27(3) of the Arms Act, 1959 vide impugned Judgment dated 24.12.2008 passed by the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 16 of 2006. On his conviction the learned trial judge has sentenced the appellant to undergo imprisonment for life with fine of Rs.2000/ - and for non - payment of fine to undergo further rigorous imprisonment for two months for the offence under Section 302 IPC. No separate sentence has been awarded under the Arms Act. It may be mentioned here that the appellant was also tried for an offence under section 10 of the Unlawful Activities (Prevention) Act, 1967. However, the accused has been acquitted from the later offence. Being aggrieved with the conviction and sentence the accused has preferred this appeal.

(2.) HEARD Mr. D Talukdar, learned Amicus Curiae for the appellant and Mr. BJ Dutta, learned Additional Public Prosecutor for the State. We have also gone through the impugned judgment and the prosecution evidence proffered during the trial. The defence was of total denial and no evidence in defence was tendered. Under Section 313 Cr.P.C. also no defence plea was taken.

(3.) THE prosecution story in a nutshell is that on 15.2.2003 a marriage function was being held in the house of PW -9 at about 8 PM. The villagers were attending the function, including the deceased. Suddenly the appellant came on a bicycle accompanied by another person and called the deceased from the marriage venue and fired several round of gunshots at random and quietly left the place.