ABDUL MALEK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned senior counsel assisted by Mr. S. C. Biswas, learned counsel appearing for the appellants in both these appeals. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing on behalf of the State. Mr. A. Ahmed, learned counsel has appeared on behalf of the informant.

(2.) These two appeals arise out of the judgment dtd. 17/8/2017 passed by the learned Additional Sessions Judge, Barpeta in connection with Sessions Case No.41/2015 convicting all the seven accused persons under Ss. 147/148/149/302 of the IPC for committing the murder of deceased Kader Ali and sentencing each of them to undergo rigorous imprisonments-- for life for committing the offence under Sec. 302/149 of the IPC; for one year for committing the offence under Sec. 147/149 IPC ; for two years for the offence committed under sec. 148/149/IPC and also to separately, pay fine for each of the offences, with default stipulations. Convicted Accused Abdul Malek has preferred Criminal Appeal No.359/2017 whereas, the remaining six convicted accused persons viz., Abdul Gafur @ Gafur Ali, Abbas Ali, Abdul Hai Fakir, Shahjahan Fakir @ Shahjahan Ali, Taibur Rahman @ Taibar Ali and Abdul Hoque have jointly preferred Criminal Appeal No.362/2017. Be it mentioned herein that during the pendency of the appeal, accused/appellant Taibar Ali has expired as a result of which, Criminal Appeal No.362/2017 qua the appellant Taibur Ali, has abated.

(3.) As per the case projected by the prosecution, the occurrence took place on 16/2/2012 at about 8:00 a.m. in the morning, when the deceased Kader Ali, being accompanied by his wife Kariman Nessa, was going to attend a village 'mel' (meeting). At that time, the accused persons, being armed with deadly weapons, forming an unlawful assembly, had waylaid the deceased and his wife and on being exhorted by accused Abdul Malek and Abdul Hoque, accused Shahjahan Fakir @ Shahjahan Ali had stabbed Kader Ali on his belly with a dagger causing serious injury. The wife of the deceased Kariman Nessa was also attacked and injured by two of the accused persons. The victim was taken to the hospital but he succumbed to his injuries.