ABUL KALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Mahajan, learned counsel for the appellants. Also heard Ms. A. Begum, learned Addl. Public Prosecutor, Assam for the State respondent No.1 and Ms. P. B. Bordoloi, learned Amicus Curiae, appearing for the respondent No.2.

(2.) This appeal has been preferred by the accused appellants against the judgment and order dtd. 19/11/2019, passed by the learned Addl. Sessions Judge, Sonitpur, in Sessions Case No.138/2018, whereby the appellants were convicted (i) under Sec. 302/34 IPC and sentenced to life imprisonment with fine of Rs.10,000.00 (Rupees Ten Thousand) only along with default stipulation, (ii) under Sec. 324/34 IPC and sentenced 3 (three) years rigorous imprisonment with fine of Rs.5,000.00 (Rupees Five Thousand) only along with default stipulation and (iii) to undergo rigorous imprisonment for 3 (three) years with fine of Rs.5,000.00 (Rupees Five Thousand) only along with default stipulation under Sec. 325/34 IPC. All the sentences were to run concurrently.

(3.) The prosecution case in brief is that the informant, Md. Akkash Ali (PW.2), who happens to be the uncle of the deceased, lodged an FIR before the Incharge of Singiri Police Out Post, alleging inter alia that on 19/9/2016, at around 12.30 p.m., the accused persons quarreled with the nephew of the informant, namely, Shah Ali and assaulted him by hand and lathi, as a result of which, Shah Ali died on the spot. Accordingly the In-charge of Singiri Police Out Post made a G.D. Entry being G.D. No.315 dtd. 20/9/2016 and forwarded the same to Dhekiajuli Police Station for registering the case and the same has been registered vide Dhekiajuli P.S. Case No. 660/2016, under Sec. 302/34 of the IPC.