JALAL UDDIN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By filing this appeal under Section 374 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C'), three appellants, namely, Md. Jalal Uddin Choudhury, Abdul Motin Choudhury and Md. Badrul Islam Choudhury have challenged their conviction under Section 302 IPC in Sessions Case No. 27/2007 of the Court of learned Sessions Judge at Hailakandi vide judgment and order dated 18.07.2012 whereby they have been sentenced to suffer R.I. for life and also to pay a fine of Rs. 3,000/ - each in default to suffer S.I. for further 6 (six) months each.

(2.) The prosecution case is that one Mustt. Rabia Begum Choudhury lodged an ejahaar with the Officer In -charge of Lala P.S. on 24.03.2007 alleging that 3 (three) accused persons who are appellants herein came to her house on 22.03.2007 at 8 a.m. and took away her husband on the pretext of settling ongoing land dispute. They went to Balichherra along with their minor son Sahajahan where in spite of settling the dispute, they started again towards home with her husband and the minor son. But after they had reached in front of teak forest at Lalachherra, they all on a sudden, confined her husband and in furtherance of their previously hatched plan, hit him on the head and other parts of his body with thick branches of teak tree with a view to killing him and cause serious injuries on his person. Then, under pressure of the rural people they carried the injured victim on a bamboo stretcher to the bank of river Katakhal at Lalachherra and then ran away. Getting information from the people, the informant claimed to have rushed to the bank of river Katakhal and thereafter with the help of relatives and police personnel the injured was taken to Lala Hospital. As the condition of the injured was precarious, the doctor referred him to Silchar Medical College for treatment but before he could reach Silchar, he breathed his last at Ramnagar. On the basis of the aforesaid ejahaar, Lala P.S. Case No. 43/2007 was registered and police started investigation.

(3.) After the investigation was complete, police charge -sheeted these accused persons to the Court of learned Chief Judicial Magistrate at Hailkandi who having found that the case is triable by Sessions, committed the same to the Court of learned Sessions Judge at Hailakandi by his order dated 21.06.2007. The learned Sessions Judge framed charges against all the accused persons on 07.07.2007 under Section 302/34 IPC. The charges on being read over, the accused persons pleaded not guilty and claimed to be tried.