MAKBUL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 6.1.2000, passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 12/1997, the accused-appellants stand convicted under Sections 302 and 323 read with Section 149 IPC and each of them stand sentenced to suffer, for their conviction under Sections 302/149, imprisonment for life with fine of Rs. 2000/- each and, in default of payment of fine, rigorous imprisonment for a further period of six month and to suffer, for their conviction under Sections 323/149 IPC, rigorous imprisonment for three months.

(2.) The case against the accused-appellants, as unfolded at the trial, may, in brief, be stated as follows:

(3.) During trial, when the charges framed under Sections 147,148 and 326 as well as 302 read with Section 149 IPC were explained to the accused persons, they pleaded not guilty thereto, the case of the defence being, in brief, thus : The land, where the alleged occurrence took place, used to be in the possession of accused Makbul Hussain, father of the accused Hanif Ali, Hariz Ali, Nizamuddin and Nasiruddin alias Nasir, and on the day of occurrence, at about 7.00 am, when the accused Nasiruddin, Nizamuddin, Hanif and Hariz were in their house along with their mother, Mustt. Haliman Nessa, Abdul Khaleque along with Ramzan Ali and others came to accused Maqbul's house and asked the members of his family to get out of the house, but when Maqbul's family members refused to leave, they were attacked by Abdul Khaleque and Ramzan. When Abdul Khaleque (PW-3) attempted to assault accused, Nasir, with a spear, the spear accidently fell on Ramzan and caused injury on his person. The other accused persons too, namely, Nasir and Hanif, sustained injuries and were medically examined. Thus, Ramzan (since deceased) and Abdul Khaleque were the aggressors and the accused persons were completely innocent. The defence also adduced evidence by examining 5 witnesses.