(1.) Heard Mr. N. Barua, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State of Assam.
(2.) This appeal from Jail has been preferred by Md. Habibur assailing the judgment and order dtd. 13/5/2019 passed by the Court of Sessions Judge, Nagaon in Sessions case no. 387(N) of 2012 whereby the appellant namely Habibur Rahman alongwith 5 (five) others accused namely: Md. Abdul Hekim, Md. Abdul Rahim, Md. Azizul Hoque @Aijul Hoque, Miya Hussain and Sahed Ali have been convicted under Sec. 302/201/34 IPC, 1860 for committing the murder of Azibur Rahman and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000.00 each and in default, rigorous imprisonment for another six months. The accused persons have also been sentenced to undergo rigorous imprisonment for three years and also to pay fine of Rs.1000.00 each, in default, rigorous imprisonment for another one month under Sec. 201/34 IPC, 1860.
(3.) The case of the prosecution, in brief, is that on 14/4/2008, the informant Mustt Rumena Khatoon lodged an FIR before the Dhing P.S alleging that there arose some dispute and the deceased, Azibur Rahman was in bad terms with the accused persons namely Md. Fakaruddin, Md. Abdul Hekim, Md. Abdul Karim, Md. Abdul Rahim, Md. Habibur Rahman, Md. Azizul Hoque @Aijul Hoque, Miya Hussain and Sahed Ali with regard to certain issues for some time. After such dispute, the accused persons have been looking for an opportunity to cause harm to him. It is further alleged that on 13/4/2008, at around 7:00 pm, the above accused persons came to their house in group and called her husband namely, Azibur Rahman on the pretext of discussing certain important matters. Then when her husband took out his bicycle, she held a lamp to show him the road to outside and she saw the accused persons in the gleam of the lamp, but for the whole night her husband did not come back. As such, in the morning, she intimated the matter to other people and the people caught and interrogated Md. Habibur and Azizul Hoque who in turn admitted that they had killed her husband and buried him. Thereafter, the accused persons Md. Habibur and Azizul Hoque were handed over to the Police.
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