DARAG ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.7.89 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 23(D)/87 convicting the appellants u/s 302 R/W 34 IPC and (sentencing them each to imprisonment for life and also to a fine of Rs 1000/ each in default, furtherR.I., for 2 (two) month each.

(2.) The case in short is that on 23.4.86 at around 9 a.m. PW 3 Md Noor Hussain lodged a well-drafted written complaint at Dhubri P.S. alleging, inter alia, that on 22,4.86 at about 7/7.30 p.m. wheru his father Kisim Ali was returning home from Kalahat market along with the Taher Ali, CW 1 Morner Ali and PW 5 Mukar Ali, the appellants attacked him with deadly weapon near a place called Rajakatli. At first the appellant No.1 MD Darag Ali hacked the deceased Kisim Ali with a spade on Ms shoulder and after that the other three appellants inflicted upon him grevious injuries with sharp cutting weapon and felled him on the ground. As (he persons accompanying the deceased raised alarm, people from surrounding areas started to come to p.o and seeing this the appellants fled away from the place of occurrence. After that father of the deceased was taken on a push cart for treatment to Dhubri Civil Hospital and then after 10/15 minutes of his arrival at the hospital, the deceased succumbed to his injuries. On the basis of this complaint, an FIR u/s 302/34 IPC was registered at Dhubri P.S. against the 4 appellants. After usual investigation, police submitted charge sheet against all the appellants u/s 302/34 IPC. In due course of time the case was committed to the trial Court.

(3.) Upon perusal of the materials on record the learned trial Court framed charge u/s 302/34 IPC against the appellants to which they pleaded not guilty. In course of the trial the prosecution examined in all 9 PWs. The defence examined 2 DWs. The court also summoned and examined two witnesses as Court witness, namely, CW 1 Md [Momer Ali and CW 2 Md. Taleb Ali. Defence of the appellant was that of complete denial of the case, on conclusion of the trial, the learned trial Court convicted the appellants and sentenced them an early stated.