AFTAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Smti. Purabi Dutta Medhi, learned Amicus Curiae for the appellants and Smti. B. Saikia, learned Public Prosecutor for the respondents.

(2.) THIS appeal is directed against the judgment and order dated 15. 11. 1999 passed by the Sessions Judge, Karimganj in Sessions Case No. 11/96 whereby the accused appellants have been convicted and sentenced.

(3.) ABDUL Sattar PW 1 lodged a written FIR on 31. 10. 1994 before the OC Patharkandi Police Station stating inter-alia that on the date of occurrence around 6 AM while his younger brother Shakhawat Ali was ploughing his own field, the two accused appellants who are also his own brother and cousin namely; Aftar Ali and Amir Uddin came to the field and started assaulting Shakhawat Ali whereupon the latter fled the scene by crossing the river. The two accused persons, however, chased him and assaulted him as a result of which Shakhawat sustained injuries. He was removed to hospital where he succumbed to the injuries. Police made usual investigation and thereafter, submitted charge-sheet against the two accused persons who were tried by the Sessions Judge, Karimganj in Sessions Case No. 11/96. As many as seven witnesses have been examined on behalf of the prosecution and the defence has also examined one witness and vide impugned Judgment the learned trial Court convicted the two accused appellants under Section 302/34, IPC and sentenced them to imprisonment for life and to pay a fine of Rs. 2,000/- each in default further imprisonment for one month each. Hence the present appeal.