HASEM ALI AND OTHERS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This is an appeal against the judgment and order, dated 26.10.2009, passed, in Sessions Case No. 39 (D.M.F.T.) of 2006, by the learned Addl. Sessions Judge (F.T.C.). Darrang, Mangaldat, convicting altogether 11 appellants, under section 148, I.P.C., section 302 read with section 149, I.P.C. and section 326 read with section 149, I.P.C. and sentencing each of the appellants, for their conviction, under section 148, I.P.C., to undergo rigorous imprisonment for a period of one year and also to undergo, for their conviction, under section 302 read with section 149, I.P.C., imprisonment for life and pay fine of Rs. 5,000.00 and, in default of payment of fine, undergo rigorous imprisonment for a period of six months and, further, to suffer, for their conviction under section 326 read with section 149, I.P.C., rigorous imprisonment for 3 years and pay fine of Rs. 2,000.00 and. in default of payment of fine, undergo rigorous imprisonment for 3 months, all the sentences having been directed to run concurrently.

(2.) The case of the prosecution may, in brief, be described thus:

(3.) In support of their case, prosecution examined altogether 19 witnesses. The accused, who faced the trial, were, then, examined under section 313. Cr. PC and, in their examinations aforementioned, they denied that they had committed the offences, which were alleged to have been committed by them, their case being, in brief, thus: The complainant side, without previous permission of their Co-villagers and without the knowledge of. he accused- persons, started shifting the school building by breaking the same. Having seen the shifting of the school building, accused Sattar All and one Sabina went to the place, where the school building stood located, and raised their protest to the shifting of the school. On their arrival at the site, Md. Amir All (P.W. 11) assaulted Sattar All and Sabina by means of a dao and caused injuries on their person and while Jonab All (P.W. 1) was trying to inflict an injury, by means of a spear, on the person of accused Sattar All, the blow accidentally fell on Sorhab causing injury on his abdomen and it was the said injury, which resulted into Sorhab's death. Accused Sattar and Sabina were accordingly taken to Civil Hospital, Mangaldoi, for treatment and, later on, shifted to Guwahati Medical College and Hospital. So far as accused Mahijul Haque was concerned, he took the plea of alibi in the sense that he was not present at the place of occurrence. No evidence was adduced by the defence.