SAJJAD ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The above named 16 (six) accused appellants have preferred this criminal appeal against the judgment of conviction so passed by the learned Sessions Judge, Karimganj in Sessions Case No. 48 of 1993 dated the 22.11.94 by virtue of which after convicting them under Section 302 read with Section 34 of the Indian Penal Code, they have been sentenced to undergo imprisonment for life.

(2.) The prosecution case, in short, as coming from the first informant namely, Abdul Noor (P.W.I) is that on 20.6.92 at about 10 A,M. his maternal uncle Moinuddin alias Moinul Haque left from his home for Karimganj and when he was on his way, the accused appellants in furtherance of their common intention variously armed, surrounded him and inflicted injuries on his person as a result of which his maternal uncle named above sustained serious injuries. The informant came to know from the people about the occurrence when after arriving at the place of occurrence which is said to be Lalerchak Trimukhi Crossing, Moinuddin was so taken for treatment to Civil Hospital, Karimganj from where he was forwarded do be taken to Silchar Medical College Hospital and on way to Silchar Medical College moving on taxi. Moinuddin breathed his last. In the written report so lodged on the basis of which formal F.I.R. was so drawn, the informant claimed to reveal the names of the witnesses. Subsequently, it is also claimed by the first informant that while he was in Karimganj Hospital when Moinuddin was so taken there first, he had informed the police on telephone as a result of which the police officer had visited the Karimganj Hospital. All the accused persons are very much named in the F.I.R. The time of report is 15 Hours on the same day. It further transpires that on the basis of the said F.I.R. so lodged which is in course of trial marked as Ext. 1, Karimganj P.S. Case No. 223/92 was so registered u/s 147/148/302 of the I.P.C. and after completion of the investigation, charge-sheet was so submitted on the basis of which in G.R. Case No. 559/92 after taking of the cognizance, the Judicial Magistrate committed the case record to the Court of Sessions for trial. The charge was so framed against the above named accused appellants u/s 302/34 of the I.P.C. on 17.3.93. The accused appellants abjured the guilt and claimed to be tried.

(3.) It further transpires that in course of trial as many as 9 (nine) prosecution witnesses got examined on behalf of the prosecution. One D.W. Dr. Paul is examined on behalf of one (of the accused appellants Jalal Uddin Choudhury. Out of nine prosecution witnesses so examined, P.W. 1 happens to be the first informant, P.W. 2, 5 and 8 namely Khalilur Rahman, Tejel Uddin and Lechu Mian (Rickshaw Puller) are claimed to be the eye-witnesses to the scene. P.W. 9 is the Medical Officer Dr. S.K. Das who conducted the postmortem examination on the deadbody of Moinuddin. P.W. 7 Mohidhar Hira happens to be the investigating officer off this case. P.W. 6 Abdul Jalil is the witness of the inquest report which is 5iO prepared after the police officer arriving at the place where the dead-body was found P.W. 4 is Shashanka Ranjan Laskar who is the person said to have arrived at Karimganj Hospital when Moinuddin was so taken by the informant to that place. As far as P.W. 3. Dr. Arijit Das is concerned he claims to have recorded the dying declaration of Moinuddin (since deceased) in Karimganj Hospital and the said document is marked as Ext. 2. As stated above, P.W. 1 happens to be the first informant of this case who does not claim himself to be an eye-witness though according to him, he arrived at the place of occurrence soon after getting information and also claims to have heard Moinuddin, his maternal uncle giving details of the occurrence orally on their way to Karimganj Hospital, even naming the accused persons as claimed to be the assailants. As regards D.W. 1 Dr. Paul, he has been produced on behalf of the accused appellant Jalal Uddin Choudhury, in support of alibie so taken by him with regard to his being admitted as Indoor Patient in the hospital in between 19.6.92 to 21.6.92.