BABAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.7.03 passed by the learned Ad-hoc Addl. Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 110 (S)/97.

(2.) Heard Mr. C.R. De, learned Sr. Advocate assisted by Mr. S. C. Biswas, for the appellants and Mr. P. K. Musahari, learned Public Prosecutor, Assam.

(3.) On 18.3.90, at about 1.30 PM, Md. Abdul Salam, P. W.-5 lodged a written FIR, Ext. 2, before the O.C., Misamari PS. to the effect that on that day, at about 7-30 AM, while his elder brother, Md. Dulal Shiekh, was having tea at the Chand Mian Tea Stall at Kala Kuchi Centre, the accused persons, named in the said FIR, attacked him and when Dulal Shiekh ran towards the field, the accused persons chased him and thereafter hacked him with dao on the neck, leg and other positions on the body, which has resulted in instantaneous death of Md. Dulal Shiekh. Police registered a case and after usual investigation submitted charge-sheet against accused persons., The trial Court vide order dated 12.3.98 framed charge against the two accused appellants under Section 302/34 - EPC. During trial prosecution examined, as [many, as, 8 (eight) witnesses and vide the [impugned judgment the two accused appellants were convicted under Section 3027 34 IPC and they were sentenced to imprisonment for life and to pay a fine of Rs.1,000/- each, in default to further imprisonment for one month Hence, the present appeal.