ALTAF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK N Mohammad, learned counsel for the appellants. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the State.

(2.) The appellants have put to challenge the judgment and order dtd. 10/2/2021, passed by the court of the learned Sessions Judge, Barpeta in Sessions Case No. 23/2014, by which the appellants have been convicted under Sec. 302 IPC read with Sec. 149 IPC. The learned Trial Court has thereafter sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 each, in default, to undergo simple imprisonment for 6 (six) months.

(3.) The prosecution case in brief is that the informant, who is PW-1 and the father of the deceased Hafijul Ali submitted an FIR dtd. 29/4/2009 before the Officer-In-Charge Barpeta Police Station, stating that under the influence and provocation of Sl. Nos. 9, 10 and 11, Sl. Nos. 1 to 8 had trespassed into his house and assaulted his three sons, namely, Bilayet, Akbar and Hafijul Ali, which resulted in the death of Hafijul. The eleven persons mentioned in the FIR as the perpetrators of the crime are as follows:-