SOLEMAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17th April, 2013 of the learned Sessions Judge, Dhubri passed in Sessions Case No.30 of 2006 [State of Assam v. Soleman Ali (Hussain) and Ors.]. By the said judgment, the appellants have been convicted under Sections 302/34 IPC and also under Sections 323/34 IPC. Upon such conviction, they have been sentenced to undergo rigorous imprisonment for life with fine of Rs.2,000/- (Rupees Two Thousand), each, under Sections 302/34 IPC and in default, simple imprisonment for another 1(one) month, each. As regards the conviction under Sections 323/34 IPC, they have been sentenced to pay fine of Rs.2,000/- (Rupees Two Thousand), each, and in default to suffer simple imprisonment for 15(fifteen) days.

(2.) Bilasipara Police Station Case No.220/2003 was registered under Sections 148/149/447/341/325 IPC on the basis of the Exhibit-1 FIR dated 4th December, 2003 lodged by one Shahidur Rahman (PW-1) on 4th December, 2003. The story narrated in the FIR was that the accused No.1 named in the FIR had sold 1? Bighas of land described in the schedule to the informant's paternal uncle, Md. Abdul Hamid, by executing a registered sale deed upon taking due verification of the land. The injured persons including the informant are in possession of the land for more than 25(twenty-five) years. On 4th December, 2003, at about 7:30 AM, the accused No.1 in connivance with rest of the accused persons named in the FIR, armed with sharp weapons like knife, dagger, axe, spear, pointed lathis etc. trespassed upon the said land in furtherance of their common intention of killing the brother of the informant Ali Akbar, who had been tilling the land at that time. They surrounded Ali Akbar and Abdul Hamid from all sides and launched virulent attacks on them causing grievous injuries in various parts of their persons. As they were tried to be taken to the Hospital for treatment, the accused persons attacked the brothers and nephew of the informant and caused them grievous injuries. The accused persons named in the FIR are as follows:-

(3.) Out of the aforesaid 7(seven) accused persons, the accused No.1 died during trial. It is the accused Nos.2, 3, 4 and 5, who have been convicted by the impugned judgment and they have preferred the instant appeal.