MASKANDAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant, Md. Maskandar Ali, brought this appeal from the judgment dated 5- 4-90 passed by Sri D. Biswas, Sessions Judge, Nagaon, in Sessions Case No. 41 (N-H)/86 convict ing and sentencing him u/S. 302, IPC to R.I. for life. There was no sentence of fine. On 23-4-1990 this Court granted bail to him. So, now he is on bail.

(2.) The facts of the case are as follows : At 1-30 a.m. of 15-10-84 P.W. 2 (Nuruddin) lodged FIR stating that at 10-30 p.m. of 14-10-84 the appellant and two others (1) Rakib Ali, and (2) Khaliluddin assaulted him, Samiruddin, Jaizuddin and Nazrul Islam on the road at village Islam Nagar and snatched away Rs. 5,000.00 cash from his pocket. It was also stated that being injured they came to Hojai State Dispensary for medical aid. On this FIR the O/C registered Hojai PS Case No. 151/84 u/S. 325/324/379/34, IPC at 1-10 a.m. (midnight) of 15-10-84. In the morning the I/O (P.W. 11) went to Islam Nagar and drew sketch a map of the place of occurrence (hereinafter p.o.). He seized a trouser, a shirt and a torch light by seizure list (Ext. 3) from Nuruddin. By another seizure list (Ext. 2) he seized a torch having two cells from Nazrul Islam. Both the seizures were made in presence of witnesses. On 15-10-1984 he examined witnesses who saw the occurrence or came to the p.o. immediately after it. Samiruddin died on 20-10-84 at Nagaon Civil Hospital to which he was shifted on 15-10-1984 from Hojai dispen sary. The same day ASI R.C. Barua prepared inquest report (Ext. 4) and handed over the dead body for autopsy. P.W. 1, Dr. B. C. Kakati noted in post mortem report that death of Samiruddin was due to shock and haemorrhage of head injury. So, the I.-O. submitted charge sheet u/S. 325/323/302/34, IPC against the appellant and three others (1) Rakib Ali, (2) Khaliluddin and (3) Akkel Ali, by showing Akkel as absconder. In the Magistrate's Court it was GR Case No. 1003/84. Judicial Magistrate Ist Class, Hojai, committed the case to Sessions Court, Nagaon, for trial.

(3.) It may be mentioned here that earlier to Nuruddin the appellant lodged FIR dated 14-10-84 (Ext. 4) for the same incident complaining that Samiruddin, Taizuddin, Nuruddin, Nazrul Islam, Fakruddin and Abdul Jalil in a body assaulted him and his party causing injuries to them. In that case the I/O submitted charge-sheet No. 18/85 dated 19- 2-85 u/S. 147/323 against those persons except Samiruddin who died on 20-10-84. Though it was a cross case, the Magistrate did not commit it to Sessions Court. What happened to that case is also not known.