SAFIKUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.05.2013 passed by learned Addl. Sessions Judge No. 4 (FTC) Kamrup in Sessions Case No. 130(K) of 2008 whereby and whereunder the appellants viz., Basarat Ali, Musstt. Safia Khatun, Md. Rafiqul Ali, Md. Safiqul Ali and Md. Chand Mahammad have been convicted under Section 302 read with Section 149 IPC and each of them have been sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2,000/- each, in default of payment of fine, to suffer rigorous imprisonment for another two months. Earlier the judgment of conviction and sentence was challenged in Criminal Appeal No. 19 of 2010 and this Court remanded the case to the learned trial Court for causing GD Entry No. 94 dated 3.11.2006 to bring evidence on record by examining the Investigating Officer, re-examining him and also re-examining any such witness or witnesses as may be necessary. Accordingly, the trial Court summoned the Investigating Officer brought on record the aforesaid GD entry. Another witness who was the then Officer-In-Charge of Jalukbari, Police Station at the relevant time was also examined by the trial Court.

(2.) The prosecution case, in brief, is that on 3.11.2006 at about 6 am when Ukil Ali was proceeding to a nearby shop for purchasing biscuits, the accused Md. Chand, Md. Safiqul Ali, Md Basarat Ali, Musstt. Safia Khatun and Md. Rafiqul Ali who came in a group armed with lethal weapons assaulted him. On hearing the commotion Jakir Hussain (P.W. 1), son of Ukil Ali, and others rushed to the place of occurrence and found the appellants with various weapons in their hands. In the presence of the witnesses the appellants further assaulted Ukil Ali. Thereafter, Ukil Ali was brought to Jalukbari Police Station. On the basis of oral information lodged by Jakir Hussain (P.W. 1), GD Entry No. 94 dated 3.11.2006 was made and the injured was sent to Mohendra Mohan Choudhury Hospital at Guwahati. On the same day, at around 9 pm, a formal Ejahar in writing was lodged by P.W. 1 and treating the same as the First Information Report, Jalukbari PS Case No. 529/2006, under Sections 147/148/149/26 IPC was registered. During the investigation, the Investigating Officer seized one spade from the place of occurrence. The injured Ukil Ali was referred and shifted to Guwahati Medical College and Hospital where he succumbed to his injuries on 10.11.2006. After the death of Ukil Ali Section 302 IPC was added by the police. Inquest on the dead body was held and the wearing apparels of the deceased was seized. On completion of investigation, charge-sheet under Section 147/148/149/302 IPC was submitted against all the accused appellants.

(3.) During the trial, charge under Section 302 IPC read with Section 149 IPC was framed against the accused persons. The accused persons pleaded not guilty to the charge and claimed to be tried.