SAFEDALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.S. Choudhury, learned Sr. Advocate, assisted by Mr. R. Ali, for the appellants. Also heard learned Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order, dated 3.9.2002, passed by the learned Addl. Sessions Judge (Adhoc) No.2, Kamrup, Guwahati, in Sessions Case No. 150(K)/99, whereby the accused appellants were convicted under Sections 302/34 IPC and sentenced to imprisonment for life and to pay fine of Rs.2,000/-, in default to R.I. for another three months.

(3.) The prosecution case, in short, is that on 2.8.97, a number of villagers had gathered in the house of P W-14, Rahimuddin Ali, (A1, A2 and A3) to watch a movie on the TV, which was installed in his courtyard. Deceased, Nazrul Islam, a college going student, was also watching the movie. The accused persons and other witnesses were also present there. The accused, Firoz Ali, Safed Ali and Suleman Ali called Nazrul Islam and went out with said Nazrul Islam. Nazrul Islam did not return back home on the night and on the next day, the family members were searching for the boy. While PW-2, Ainal Haque, PW-3, Bakkar Ali were taking bath in the river they found the floating dead body of Nazrul Islam, whereupon the villagers arrived at the scene and the dead body was taken out. Subsequently, the three accused appellants were picked up and brought to the village and on being questioned, they confessed their involvement by saying that they had killed the deceased with a knife and thrown the dead body in the river. FIR. Ext.6, was lodged before the police and after inquest, the dead body was sent for postmortem examination.