MAJIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 29.09.2011 passed by the learned Additional Sessions Judge, Nagaon, Assam in Sessions Case No.03(N)/2003 convicting the accused/appellants u/s 326/302/34 IPC and sentencing each one of them to undergo rigorous imprisonment for life with fine of Rs.5000/- and in default, rigorous imprisonment for another six months each.

(2.) We have heard Mr. H.R. A. Choudhury, learned senior counsel assisted by Mr. S. Islam, learned counsel for the accused/appellants. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor. Be it stated here that out of the five appellants, who have been convicted by the learned trial Court, Abdul Hamid Pandit, father of the present appellants died during trial. In the present appeal we are concerned with four accused/appellants namely, Majibur Rahman, Azizul Hoque @ Azizur Rahman, Zakir Hussain and Abdul Hussain. Another accused namely, Sadiqur Rahman has already been released as per the provision of the Juvenile Justice (Care and Protection of Children) Act, 2000 vide order dated 06.06.2012 passed in Criminal Misc Case No.813/2011.

(3.) On the basis of the Ext.2 FIR dated 03.09.2002 lodged with the Officer in Charge, Batadraba Police Station, Batadraba P.S Case No.51/2002 was registered u/s 147/148/149/109/326/302 IPC. The story narrated in the FIR was that when the first informant Abdul Salam along with the deceased Abdul Malek (his brother) had gone to Md. Azizul Hoque and Md. Hussain Ali, who were engaged in transplanting paddy seedling in the field, to demand the money due to them, the accused persons in a group under instruction of Mr. Abdul Hamid @ Pandit (who died during trial) being armed with sharp weapons attacked them as a result of which the deceased sustained severe injuries on his person. Though he was taken to Nagaon Civil Hospital, but the doctor declared him dead.