MD. AMIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 12.07.2010 passed by the learned Addl. Sessions Judge (FTC), Barpeta, in Sessions Case No.20/2007, convicting the appellants in Crl.A. No.161/2010 under Section 302/34 IPC and sentencing them to under rigorous imprisonment for life and to pay a fine of Rs.2,000/-, in default, to suffer simple imprisonment for a further period of 3(three) months, as well as under Section 323/34 IPC and sentencing them to undergo simple imprisonment for 3(three) months, by acquitting Sri Akbar Ali, respondent No.1 in Crl.A. No.139/2014 (earlier registered as Crl.Rev.P. No.266/2011) from the charges framed under Section 302/323/34 IPC. Crl.A. No.161/2010 has been filed by the appellants Amir Ali, Siddique Ali and Golap Hussain, who were convicted under Section 302/34 IPC and 323/34 IPC, challenging the aforesaid judgment of conviction passed by the learned Addl. Sessions Judge (FTC), Barpeta. Crl.A. No.139/2014 has been filed by the first informant challenging the aforesaid judgment and order passed by the learned Addl. Sessions Judge (FTC) in so far as it relates to acquittal of Sri Akbar Ali, respondent No.1 therein, from the charges framed under Section 302/323/34 IPC.

(2.) A criminal investigation was set in motion on receipt of the first information report dated 17.09.2002 lodged by Md. Sukur Mamud (PW-1) with the Officer-in-Charge of Howly Police Outpost alleging that on that day at about 9 A.M. when his second son Ajadul Islam (PW-8) went out of his house for Barpeta and reached the road, Sri Akbar Ali, Sarbat Ali, Siddique Ali, Amir Ali, Golap Hussain, Anowar Hussain and Abdul Rahim, who were waiting from before being armed with lathi, chain and dagger, assaulted him on being instructed by Akbar Ali and on hearing the hue and cry raised by him, when his first son Japiar Rahman (deceased), Saniara Khatun @ Begum (PW-7), Ramela @ Rumela Begum (PW-10) and the first informant (PW-1) proceeded towards the place of occurrence, all the accused persons started assaulting them, as a result of which the first informant has received injuries on the head as well as the lips. It has further been alleged that the accused persons have also severely injured Japiar Rahman (deceased) on his head and other parts of his body, apart from inflicting serious injuries on the person of Saniara Khatun @ Begum (PW-7) and Ramela Begum (PW-10). It has further been stated that though Japiar was referred to Guwahati for treatment, he, however, succumbed to the injuries on the way. G.D. Entry No.372 dated 17.09.2002 was initially made in Howly Police Outpost, based on the said first information report. Having forwarded the FIR, Barpeta P.S. Case No.449/2002 was thereafter registered against all the accused persons under Section 302/325/34 IPC.

(3.) The Investigating Officer during investigation examined the persons acquainted with the facts and circumstances of the case and their statements were recorded under Section 161 Cr.P.C. The Investigating Officer got the inquest done on the dead body of the deceased, apart from sending the injured persons, namely, PW-1 Md. Sukur Mamud, PW-7 Saniara Begum, PW-8 Ajadul Islam and PW-10 Ramela Begum for medical examination and also sent the dead body of Japiar for post mortem examination. The Investigating Officer thereafter collected the injury reports and the post mortem examination report and filed the charge-sheet on 27.06.2005 against the appellants in Crl.A. No.161/2010 as well as against Sarbat Ali and Anowar Hussain under Section 147/148/149/302/323 IPC. Akbar Ali, respondent No.1 in Crl.A. No.139/2014 as well as Abdul Rahim, however, were not chargesheeted.