MD. SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned Sr. counsel assisted by Ms. N. Begum, learned counsel appearing for the appellant in Crl. Appeal No. 164-2019 and Ms. B. Sarma, learned Amicus Curiae appearing for the appellant in Crl. Appeal (J) No. 38/2019. Also heard Ms. S. Jahan, learned Addl. P.P. Assam appearing for the State in both the appeals.

(2.) These two appeals are directed against the judgment and order dtd. 13/12/2018 passed by the learned Addl. Sessions Judge No. 1, Nagaon in connection with Sessions Case No. 77(N)/2017 whereby, both the appellants/ accused persons were convicted under Sec. 302/34 IPC for committing murder of Anowar Hussain and each of them were sentenced to undergo rigorous imprisonment for life and pay fine of Rs.1000.00each, in default, to undergo rigorous imprisonment for further one month. Since both the appeals arise out of a common judgment and order passed by the learned trial court, hence, we propose to dispose of the appeals by this common order.

(3.) The prosecution case, as unfolded from the materials on record, briefly stated, is that on 27/6/2017, Anowar Hussain, the 14 years old minor son of the informant Iliyas Ali, was found dead in the betel nut plantation situated at the north of the house of the deceased with injuries on the neck. On 28/6/2017, the father of the deceased, viz. Iliyas Ali lodged an ejahar before the Officer-in-Charge of Kampur Police Station reporting the incident. Based on the ejahar dtd. 28/6/2017, Kampur P.S. Case No. 169/2017 was registered under Sec. 302 IPC. Thereafter, the police had conducted investigation in connection with the police case. The two appellants, viz. Khairul Islam and Saiful Islam were also arrested during the course of investigation. On being lead by the accused persons, the police had also recovered the shirt of the deceased which was concealed in the vicinity of the place of occurrence. After conclusion of investigation, police had submitted charge-sheet against the two accused persons under Ss. 120(B)/364/302/201/34 IPC. Based on the charge-sheet submitted by the police, the learned trial court had framed charge against the accused persons under Sec. 302/34 IPC. However, the charge having been read over and explained to them, both the accused persons have pleaded not guilty and claimed to be tried. As such, the matter went up for trial.