MD. HATEM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an appeal against the judgment and order, dated 30.12.2008, passed, in Sessions Case No. 53 (NL) 2006, by the learned Sessions Judge, Lakhimpur, convicting the accused-appellants under Section 302 IPC and sentencing each of them to undergo imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of 6 (six) months.

(2.) THE case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

(3.) IN support of their case, prosecution examined altogether 11 (eleven) witnesses. All the five accused persons were, then, examined under Section 313 CrPC and, in their examinations aforementioned, they denied that they had committed the offences, which were alleged to have been committed by him, the case of the defence being that of denial and of having been falsely implicated due to enmity, which they had with the said deceased and his family over a piece of land. No evidence was adduced by the defence.