SUKHEN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 28.12.2001, passed by the learned Ad-hoc Additional Sessions Judge, (First Track Court), Sonitpur, Tezpur, in Sessions Case No. 56 of 1998, the accused-appellants stand convicted under Section 304 (Part-II) read with Section 34 IPC and sentenced to undergo rigorous imprisonment for 10 years and pay a fine of Rs. 2000/- each and, in default of payment of fine, to undergo rigorous imprisonment for a further period of 6 months.

(2.) The case against the accused-appellants, as unfolded at the trial, may in brief, be stated as follows: The deceased Motir Ahmed alias Motiur Rahman had married Fatima Begum, sister of the accused appellants, namely, Md. Sukhen Ali, Md. Nur Ahmed and Md. Janu Ali. A few months prior to the occurrence, a male baby WPS born out of the wed-lock of deceased Motir Ahmed Rahman and Fatima Begum. After about 2/3 months of the birth of the said male baby, Fatima Begum left for her father's house, situated at a distance of about 400 yard from her matrimonial house. On 06.01.98, at about 6 AM, Motir Ahmed asked his nephew, Sarif Ali (PW 4), to bring his son from the house of his father-in-law Afazuddin (PW 4) (Sarif Ali) accordingly, brought the baby from the parental house of Fatima Begum. The deceased, then, sent, once again, Sarif Ali to bring back his aunt, Fatima Begum, too. Sarif Ali (PW 4) left home accordingly; but he came back and informed Motir Ahmed that his aunt, Fatima Begum, had refused to come back home. This infuriated Motir Ahmed and he went, accompanied by Sarif (PW 4), to the house of his father-in-law. At the house of his father-in-law, when Motir Ahmed was talking to his wife, Fatima, accused Nur Ahmed gave a blow with an axe on Motir's head. On receiving the blow, Motir fell down and thereafter, accused Sukhen Ali dealt blows with an iron rod on Motir's Chest and accused Janu AH assaulted Motir with a dao on his face. On witnessing the occurrence, which so took place, Sarif rushed home and informed his father, Nazir Hussain (PW 1), i.e., the brother of the deceased Motir Ahmed, about the occurrence. Nazir Hussain hurriedly cane to the house of Afazuddin and found Motir lying dead with injuries on his person at the courtyard of the said house, all the three accused having fled away. Nazir, then, went to Behali Police Station and lodged there a written FIR (Ext.1). Police accordingly registered a case against the accused appellants and, on completion of the investigation, laid charge- sheet against the accused-appellants under Section 302/34 IPC.

(3.) During the trial, the accused-appellants pleaded not guilty to the charge framed against them under Section 302 read with Section 34 IPC. As many as six witnesses were examined by the prosecution in support of their case. The accused-appellants were, then, examined under Section 313 Cr. P. C. and in their examinations aforementioned, they denied that they had committed the offence alleged to have been committed by them, the case of the defence being a mixed plea of total denial and of Motir having died as a result of injuries sustained by him by falling on the boulders lying in the said courtyard. In support of their case, evidence was adduced by the defence. On the conclusion of the trial, the learned trial Court found the accused- appellants not guilty of the charge framed against them under Section 302/34 IPC, but found them guilty of offence punishable under Section 304 (Part-II) read with Section 34 IPC. The accused-appellants were accordingly convicted and sentence, as mentioned hereinabove, was passed against them. Hence, the present appeal.