MD. AHIZAL HOQUE Vs. THE 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 Section 302 read with Section 34 IPC and sentencing him, for his conviction under Section 302 read with Section 34 IPC, to undergo imprisonment for life and pay a fine of Rs. 5,000/ - and, in default of payment of fine, suffer rigorous imprisonment for a period of six months and also to undergo, for his conviction under Section 326 read with Section 34 IPC, rigorous imprisonment for two months, both the sentences having been directed to run concurrently. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(2.) ON 10.02.2001 itself, at about 2.25 pm, 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.

(3.) AT the trial, when charges under Sections 302, 326 and 323 read with Section 34IPC, were framed against the two accused aforementioned, both the accused pleaded not guilty thereto.