MD. HASEM ALI 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(DMFT) of 2006, by the learned Addl. Sessions Judge (FTC), Darrang, Mangaldai, convicting altogether 11 appellants, under Section 148 IPC, Section 302 read with Section 149 IPC and Section 326 read with Section 149 IPC and sentencing each of the appellants, for their conviction, under Section 148 IPC, to undergo rigorous imprisonment for a period of one year and also to undergo, for their conviction, under Section 302 read with Section 149 IPC, imprisonment for life and pay fine of Rs. 5,000/- 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 IPC, rigorous imprisonment for 3 years and pay fine of Rs. 2,000/- and, in default of payment of fine, undergo rigorous imprisonment for 3 months, all the sentences having been directed to run concurrently. The case of the prosecution may, in brief, be described thus:

(2.) (i) On 20.12.2004, at about 5 am, while Janab Ali (PW1), accompanied by others, was engaged in the work of shifting of Pandia Kahibari L.P. School to a new site, the accused-persons, armed with lathi, sword, spear, dagger, etc, came to the site of the school forming an unlawful assembly and started assaulting those, who were involved in the work of shifting of the school to its new site. Because of the assaults, which so took place, Sohrab Ali sustained, at the hands of the accused Mofizuddin, injury on his peritoneal cavity by means of a spear. Two more persons, namely, Akkash Ali (PW1) and Batchu Ali (PW2) too sustained injuries. They were all taken to Civil Hospital, Mangaldoi, but Sorhab succumbed to his injuries, while Akkash and Batchu Ali were treated for the injuries on their person. Following the occurrence, an Ejahar, in writing, was lodged by Jonab Ali (PW1), at Mangaldoi Police Station, naming, out of 11 (eleven) persons, who had preferred this appeal, 8 (eight) persons including one Abu Taher as assailants.

(3.) ALONG with others, stood charged with, the learned trial Court acquitted him accordingly. However, the learned trial Court, having found the remaining 11 (eleven) persons, who had faced the trial, guilty of the offences, which they stood charged with, convicted them accordingly and passed sentences against them as mentioned above. Aggrieved by their conviction and the sentences passed against them,