TAHIR ALI AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 11.01.2012 rendered by learned Addl. Sessions Judge (FTC), Cachar, Silchar in Session Case No. 18/2012 convicting appellants, namely, (1) Tahir Ali @ Tayir Ali and (2) Lalu Mia of offence u/s. 302/34 IPC and sentencing them to undergo imprisonment for life and also to pay fine of Rs. 5,000/ - (Rupees Five Thousand) each, in default, RI for another 6 (six) months each for the offence aforesaid.

(2.) BEING aggrieved by and dis -satisfied with the judgment aforesaid, appellants, (1) Tahir Ali @ Tayir Ali and (2) Lalu Mia (hereinafter referred to as accused persons) preferred this appeal from jail citing some serious infirmities in the judgment under challenge.

(3.) THE case projected by prosecution in the FIR dated 21.11.2006 and in subsequent trial, in brief, is that on 20.11.2006 at about 12 noon, accused persons had forcefully taken away belongings of one Abdul Haque since deceased and in that process, they also assaulted him with a sharp weapon inflicting injuries on various parts of his body. Being so assaulted, the victim sustained serious injuries for which he was taken to hospital. However, while undergoing treatment at such hospital, he succumbed to the injuries on 22.11.2006.