MAJIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J. C. Gogoi, learned counsel, appearing for the appellants. Also heard Ms. B. Bhuyan, learned Senior Advocate/Additional Public Prosecutor, Assam, assisted by Ms. R. Das, learned counsel, appearing for the respondents.

(2.) The instant criminal appeal is presented against the judgment & order dtd. 23/5/2023 passed by the learned Additional Sessions Judge, No.3, Nagaon, Assam, (hereinafter referred to as the "trial court") in Sessions (T-1) Case No. 36(N)/2015 whereby the accused/appellants were convicted under Sec. 302/34 of the Indian Penal Code (hereinafter referred to as the "IPC") and sentenced thereof to suffer life imprisonment and to pay a fine of Rs.10,000.00 each and, in default of payment of the fine to suffer rigorous imprisonment for a period of 1 (one) year under Sec. 302 of the IPC.

(3.) The brief facts of the case are that the PW3/informant lodged an F.I.R. on 21/6/2013 stating, inter alia, that on 20/6/2013 the accused/appellants, i.e., her stepbrothers-in-law, by dragging her husband, Ali Hussain (hereinafter referred to as the "deceased"), to their courtyard, killed him by assaulting him with a spear, pieces of wood, and dao. It is further alleged that the accused/appellants also injured her mother-in-law, i.e., PW-4. Accordingly, an F.I.R. was registered, and upon completion of investigation, the Investigating Officer, i.e., PW-10, submitted a charge-sheet against the accused/appellants and one co-accused Amir Hussain, under Sec. 302/34 of the IPC. Thereafter, the learned committal Magistrate court, upon appearance of the accused/appellants and the other co-accused, committed the case to the Court of Sessions, Nagaon, and was further pleased to abate the case of the co-accused Amir Hussain. Thereafter, the learned trial court formally charged the accused/appellants for the offence punishable under Sec. 302/34 of the IPC, for which they pleaded not guilty and claimed to be tried.