ABU BAKKAR SIDDIQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) The abovenamed five accused - appellants have preferred this appeal against the judgment of conviction and sentence so passed by the learned Sessions Judge, Barpeta in Sessions Case No. 56 (B)/91 dtd 4.6.93 by virtue of which all the above accused-appellants are found guilty of intentionally causing the death of Keramat Ali (since deceased) which was so done by them in furtherance of their common intention and thus by convicting them u/s 302 read with Section 34 IPC the accused-appellants have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each in default Ito undergo rigorous imprisonment for one year.

(2.) The first informant of this case is Md. Karam Ali (PW 4) and acording to him his elder brother Keramat Ali was so done to death by the accused-appellants very much named in the FIR when, as per the prosecution case, at mid-night on 24.3.88 they along with others entered into the house of Keramat Ali (Since deceased) at No. 4 Mandia Bordolon and after forcibly entering into the house kiled Keramat Ali inside the house by inflicting injuries upon his person with deadly weapons which the miscreants were carrying. The first informant, over and above the five accused-appellants named Pasan Ali, Mayan Munchi and Kalimuddin to be also the persons suspected in the said murder. On the basis of the ejahar so given by PW 4 Baghbar PS Case No. 79/88 was so registered against the abovenamed 5 accused-appellants and the three suspects detailed above, chargesheet was so submitted and all the 8 persons were committed to tine Court of Sessions for trial. Charge was framed against the accused-appellants along with the three others U/S. 302/34IPC, the accused-appallants abjured the guilt and claimed to be tried.

(3.) In course of trial, it further transpires, that altogether 11 prosecution witnesses were so examined out of whom the material prosecution witnesses are PWs 1,3 and 4 and produced as eye-witnesses to the scene.