SIRAJ ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) BOTH these appeals have been heard analogously and disposed of by this judgment as both these appeals have arisen out of a common judgment dated 28. 9. 99 passed by the Sessions Judge, Morigaon in Sessions case 39 (M)/99 whereby the fifteen accused appellants before us were convicted under Section 302 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2000/- each in default further imprisonment for three months. Criminal Appeal No. 270/99 has been filed by 13 accused persons, whereas Criminal Appeal No. 164/99 has been filed by two accused appellants namely Siraj Ali and Umed Ali @ Urmat Ali.

(2.) IN GR Case No. 767/84 police submitted charge sheet against 16 accused persons and thereafter in the connected Sessions Case No. 39 (M)/99 the trial court framed charge against all the 16 accused persons under Section 302 read with Section 34 IPC. As one of the accused persons Mafizuddin during pendency of the trial, died on 15. 2. 95, the case against him was abated and the remaining 15 accused persons were tried, convicted and sentenced as aforesaid.

(3.) THE prosecution case in brief is that on 3rd October 1984 around 1 PM the accused persons being armed with lathi, spear dao etc. attacked the house of Liljan Bibi and Raham Ali and assaulted them. Raham tried to flee but he was assaulted and as a result of the injuries sustained Liljan Begum as well as Raham died. It was also alleged in the FIR that the accused persons caused extensive damage to the residential house and looted the goods. During trial, prosecution examined as many as nine witnesses. Defence examined two witnesses. The defence plea is that of denial. Abdul Kadir PW 1, Mustt. Sarban Nessa PW 2, Fulbanu PW 3 and Chandbanu PW 4 are the members of the same family and they have deposed about the incident of assault and the death of Liljan and Raham as a result of the injuries sustained on the date of occurrence. Usman Ali PW 5 is a co-villager and he has supported the prosecution version of the incident. Abu Bakkar Siddique DW 1 and Ahmad Khan DW 2 have also deposed that on the date of occurrence at around 1. 30 PM they saw a mob surrounding the house of the deceased Liljan and thereafter they saw Raham and Liljan lying dead with grievous injuries and Liljan and Raham thereafter died.