ABDUL ROSHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. M. Choudhury, learned senior counsel for the accused-appellants and Mr. F. H. Laskar, the learned P.P.

(2.) This appeal is directed against the Judgment and Order, dated 8.7.2002, passed by the Adhoc Additional Sessions Judge, Fast Track Court, Sonitpur, Tezpur in Sessions Case No. 14(S)2000(G.R. Case No. 1207/ 97), convicting the accused-appellants u/s 302/34IPC and sentencing them to imprisonment for life and to pay a fine of Rs. 1000/ - each, in default further imprisonment for six months.

(3.) The prosecution story of the case in brief is that on the date of occurrence at around 12 noon, while the deceased was on the road, the accused-appellants assaulted him with iron rod and lathi causing injury on the knee and back and as a result of which the deceased Abdul Kadir died while he was being taken to Hospital. In this case, there are three eye witnesses to the occurrence. PWs. 1,2 and 3 have all deposed about the incident of assault and we find that the trial court for the reasons mentioned in the impugned judgment relied on their testimony holding that the accused- appellants in furtherance of their common intention assaulted the deceased.