LAWS(GAU)-2013-8-82

SURUJ ALI Vs. STATE OF ASSAM

Decided On August 02, 2013
SURUJ ALI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order, dated 11.04.2008, passed by the learned Sessions Judge, Darrang, Mangaldoi, in Sessions Case No. 79(D-M) of 2005, convicting the accused-appellants, under Section 302 read with Section 34 IPC and sentencing each one of them to undergo imprisonment for life and pay fine of Rs. 10,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of six months. The case of the prosecution, as emerged at the trial, may, in brief, be described as under:

(2.) At the trial, when charges, under Sections 302 and 201 read with Section 34 IPC, were framed against the eight accused aforementioned, all the accused pleaded not guilty thereto.

(3.) In support of their case, prosecution examined as many as 8 (eight) witnesses. The accused were, then, examined under Section 313 Cr.P.C. In their examinations aforementioned, the accused persons denied that they had committed the offences, which they had been charged with, the case of the defence being that of denial. No evidence was adduced by the defence. During the course of trial, accused No. 1, namely, Md. Mazibur Rahman, died.