MD. SAIDUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal by two convicts is directed against the judgment of conviction dated 29.03.2010 passed by the learned Sessions Judge, Bongaigaon, in Sessions Case No.31(M)/2005, convicting them under Section 302/34 IPC and sentencing to suffer rigorous imprisonment for life and to pay a fine of Rs.2,000/- each, in default, to undergo further rigorous imprisonment for 1(one) month each, while acquitting the other accused, namely, Kohinur Khatun, Bahatun Begum, Ismail Hussain and Mohar Ali from the charges framed under Section 302/34 IPC.

(2.) A criminal investigation was set in motion on lodging of the first information report (FIR) by Sahar Ali (PW-7), with the Officer-in- Charge of Manikpur Police Station on 17.08.2001 alleging that on that date at about 6 P.M. while the informant's younger brother Md. Iman Ali was coming from Nangla Market, his father-in-law, brothers-in-law and sisters-in-law confronted him on the road near his father-in-law's house at Bashbari No.4 and dealt with the blows with daos and lathis on his person, as a result of which he fell unconscious, who, however, has subsequently died at about 8.30 P.M. at Manikpur Chariali, on his way to Manikpur Civil Hospital. Based on the said first information report, Manikpur P.S. Case No.50/2001 was registered under Section 302/147 IPC.

(3.) The police during investigation has visited the place of occurrence, recorded the statements of the witnesses acquainted with the facts and circumstances of the case under Section 161 Cr.P.C., prepared the sketch map of the place of occurrence, got the inquest of the dead body done and also sent the dead body for post mortem examination. On completion of the investigation, the police filed the charge-sheet against all the accused persons, namely, the present appellants and Kohinur Khatun, Bahatun Begum, Ismail Hussain and Mohar Ali, under Section 302/34 IPC. The case being exclusively triable by the Court of Sessions, the same committed to the Court of Sessions at Bongaigaon and accordingly Sessions Case No.31(M)/2005 has been registered. The learned Sessions Judge thereafter on 20.06.2005 framed charge against all the accused persons including the present appellants under Section 302/34 IPC, which when read over and explained to the accused persons, they pleaded not guilty and claimed to be tried. Hence the trial commenced.