ABDUL ROUF Vs. STATE OF ASSAM

JUDGEMENT

(1.) The three appellants - (1) Abdul Rouf, (2) Siddique Ali and (3) Nuruj Ali - brought this appeal from the judgment of dated 30/1/1986 passed by Sri. A. Sarkar, Sessions Judge, Karimganj, in Sessions Case No. 52 of 1986. The learned Sessions Judge convicted them u/s. 302/ 34, I.P.C. for committing the murder of one Abdul Jalil; and sentenced each of them to R.I. for life. No fine was imposed in addition to the R.I.

(2.) The charge framed on 6/1/1987 against the appellants was as follows: I, Sri A. Sarkar, Sessions Judge; Karimganj, hereby charge you - (1) Abdul Rouf, (2) Siddique Ali and (3) Nuruj Ali as follows: that you on or about 3rd day of August, 1984 at village Dukhipur under Ratabari P.S. in furtherance of common intention committed offence punishable under Section 302/ 34, I.P.C. within the cognizance of Court of Sessions. Charge explained to the accused who pleaded not guilty.

(3.) The appellants and P.W. 1 - 6 were resident of the same village (Dukhipur). The deceased - was a resident of village Balicherra. F.I.R. was given by the deceaseds elder brother Abdul Kalam of Balicherra; but subsequently he also died, so the prosecution could not examine him at the trial. Nobody was named as accused in the F.LR. According to prosecution, P.Ws.1 and 3 were the eyewitnesses; so besides examining u/s. 161 Cr. P.C. the I/O got their statements recorded also by a Magistrate U/s. 164 Cr. P.C. The Magistrate who recorded the statement u/s 164 was not examined. In all the prosecution examined 8 P.Ws. which include the two eyewitnesses (P.W. 1 & 3), the doctor (P.W. 2) who did the autopsy of dead body, the scribe of F.I.R. (p. W. 7) and the I/O (P.W. 8).