AHIZUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 09-04-2008, passed, in Sessions Case No. 16 (DM) of 2005, by the learned Sessions Judge, Darrang, Mangaldoi, convicting the accused-appellant under Sections 326 and Sec. 302 read with Sec. 34 Penal Code and sentencing him, for his conviction under Sec. 302 read with Sec. 34 IPC, to undergo imprisonment for life and pay a fine of Rs. 5,000.00 and, in default of payment of fine, suffer rigorous imprisonment for a period of six months and also to undergo, for his conviction under Sec. 326 read with Sec. 34 IPC, rigorous imprisonment for two months, both the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described as under: (i) A dispute took place, over a goat, between the family of Sukur Ali (since deceased)and Ahizal Hoque (accused-appellant)and his family inasmuch as one of the goats of Sukur Ali had been taken away by accused Ahizal Hoque. For settlement of the dispute, accused Jamir Uddin had called Sukur Ali to Dalgaon Police Station. Sukur Ali, accordingly, went, on 10.02.2001, accompanied by Munsar Ali and Mannan Ali, to Dalgaon Police Station for settlement of the dispute. A compromise was reached, where under accused Jamir Uddin, elder brother of accused Ahizal Hoque, assured Sukur Ali and his relatives that accused Ahizal would provide a goat to Sukur Ali from market.

(3.) On 10.02.2001 itself, at about 2.25pm, the Officer-in-Charge, Dalgaon Police Station, received an information with regard to the occurrence and, having made an entry, in this regard, in the General Diary, namely, G.D. Entry No. 287, dated 10.02.2001, ordered PW13 to investigate. Thereafter, Md. Nasu Sheikh lodged, on 11.02.2001, a written Ejahar (Ext-4), at Dalgaon police station. Treating the said Ejahar as First Information Report (in short, FIR'), Dalgaon Police Station Case No. 35 of 2001, under Sections 341/326/302/34 IPC, was registered against three accused persons, namely, Hazar Ali, Ahizal Hoque and Jamiruddin.