SAFIR UDDIN KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment dated 30.08.2008, passed by the learned Additional Sessions Judge (FTC), Hojai, Sankardevnagar, Sessions Case No. 70 (N) of 2007, is under challenge in this appeal. By this impugned judgment, the learned Additional Sessions Judge has convicted the appellants under Sections 302/454, read with Sec. 149 of the Indian Penal Code, 1860, (hereinafter, in short, 'IPC') and various sentences have been awarded, maximum being Life Imprisonment. Being aggrieved with the conviction and sentence the appellants have preferred this common appeal.

(2.) We have heard Sri FKR Ahmed, learned counsel appearing on behalf of the appellants as well as Smt B Bhuyan, learned Additional Public Prosecutorfor the State of Assam. We have also gone through the impugned Judgment as well as the evidence on record.

(3.) The offence of murder took place at about midnight on 23.04.2004. The written FIR was lodged in the morning on 24.04.2004 against 7 (seven) persons. However, after investigation, 8 (eight) persons were challaned for the offence of murder and other offences. During the course of trial, 2 (two) accused persons, namely, Nazimuddin and Aziruddin had absconded. In this way, six persons were tried for the aforesaid offences and only 2 (two) appellants have been convicted. The remaining four accused persons have been acquitted.