RAHMAT ALI, ASSAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals are directed against the judgment, dated 10- 02-2011, passed by the learned Additional Sessions Judge (FTC), Cachar at Silchar, in Sessions Case No. 118 of 2009, convicting Rahmat Ali and Hiramoni Mazumdar, appellants in Criminal Appeal No. 60 of 2011, under Section 323/34 and 324/34 IPC and sentencing them to undergo rigorous imprisonment for 2 (two) years each and to pay fine of Rs. 2,000/- each, in default of payment of fine, to suffer rigorous imprisonment for a further period of 2 (two) months each, for the offence punishable under Section 324/34 IPC; and to undergo simple imprisonment for 3 (three) months each and pay fine of Rs. 500/- each, in default, to undergo simple imprisonment for further period of 15 days, for their offence, punishable under Section 323/34 IPC, and also convicting Moni Mia Mazumdar, appellant in Criminal Appeal No. 62 of 2011, under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for a further period of 6 (six) months.

(2.) Criminal investigation was set in motion on lodging a First Information Report (FIR) by Aminul Haque Mazumdar (PW1) on 04- 06-2008, with the Officer-in-Charge of Lakhipur Police Station alleging that Moni Mia Mazumdar (appellant in Criminal Appeal No. 62/2011), Rahmat Ali Mazumdar and Hiramoni Mazumdar (appellants in Criminal Appeal No. 60 of 2011), Toibun Bessa, Husiwara Begum and Zanam Begum, on 04-06-2008, at about 8.30 a.m., assaulted, by a Ballam, the first informant s elder brother, Abdul Haque Mazumdar, who was ploughing his land, adjacent to the house of the accused persons and also abused the first informant while he was passing by the accused persons house taking Tiffin for his elder brother. Hearing hue and cry, another brother of the first informant, Moinul Hoque (since deceased) reached the place in a run in order to save them, when Moni Mia Mazumdar dealt repeated blows by means of a Ballam on the person of Moinul Hoque and as a result of which, he died.

(3.) On the basis of the said FIR, Lakhipur Police Station Case No. 147 of 2008, under Sections 147/148/447/326/302/34 IPC has been registered. The police, during investigation, visited the place of occurrence, got the inquest of the dead body done, sent the dead body for post mortem examination, sent the PW1 and PW4 for medical examination, recorded the statement of the witnesses acquainted with the facts and circumstances of the case under Section 161 Cr.P.C. and prepared the sketch map.