AMJAD ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A. Ahmed, learned counsel for the appellants. We have also heard Ms. B. Bhuyan, learned Addl. P.P. Assam, appearing on behalf of the State. None has appeared for the informant.

(2.) This appeal has been preferred by the six accused persons, viz. Amjad Ali, Haidar Ali, Nur Bakta, Nur Jamal, Abdul Rezzak and Samsul Bari who were convicted under Ss. 148/ 447/ 323/ 324/ 326/ 302/ 149 of the Indian Penal Code (IPC) by the judgment dtd. 26/5/2017 passed by the Addl. Sessions Judge, Dhubri in connection with Sessions Case No. 91/2001 and each of them were inter alia sentenced to undergo rigorous imprisonment for life and also to pay fine with default stipulation.

(3.) The prosecution case, as unfolded from the materials on record, is to the effect that one Osman Ali had lodged an ejahar dtd. 11/10/1997 with the Officer-in-Charge of the Mankachar Police Station reporting that at around 06:00 ' 07:00 am in the morning, the accused persons, forming an unlawful assembly, armed with deadly weapons such as, spears, lathis, pebbles etc. had launched an attack on his younger brother Rahman Ali causing his instantaneous death. His son Sukur Ali had also suffered grievous injury in the attack and on being referred by the Doctors of the Gajarkandi Primary Health Centre (PHC) Sukur Ali was sent to Dhubri Civil Hospital for treatment. But Sukur Ali died in the afternoon due to the injury suffered by him. As many as 16 (sixteen) accused persons, including the present appellants were named in the ejahar.