AZIRUDDIN AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises from the judgment dated 3rd December, 2005 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 23/2001. The learned Sessions Judge tried the appellants Juber Uddin, Aziruddin, Abu Sufiyan, Sadikur, Lebi Bibi @ Kharirunnessa and Neni Bibi @ Meherunnissa under Ss. 147/148/143/447/323/324/302, IPC. On conclusion of trial the learned Sessions Judge convicted the appellants Juber Uddin @ Kuber Uddin, Aziruddin and Abu Sufiyan under Sec. 302, IPC and Sentenced each of them to imprisonment for life and to pay a fine of Rs. 5,000, in default, further imprisonment for six months. The other co -accused Mayarunnessa @ Neni Bibi, Khoirunnessa @ Ledi Bibi and Sadiqur Rahman were acquitted on benefit of doubt. Being aggrieved thereby, this appeal has been preferred challenging the aforesaid judgment on various grounds.

(2.) One Hazi Sehabur Rahman lodged an ejahar before the Officer -in -Charge of Ratabari police station on 1.8.1998 alleging that around 6.00 a.m. on the 1st day of August, 1998 he went to plough a plot of land which he had taken on mortgage, situated near the homestead of the accused persons. He saw Juber Uddin, Aziruddin and Abu Sufian ploughing his land. Safique Rahman asked the accused persons to refrain from ploughing the land. The accused persons attacked them with dagger, bhojali, dao, etc. The accused Juber Uddin, Aziruddin and Abu Sufian stabbed his brothers Safique Rahman, Sakibur Rahman and his son Lutfur Rahman who died at the place of occurrence. They also assaulted the informant by a dao.

(3.) The police registered Ratabari PS Case No. 178/98, took up investigation and in due course, on completion thereof, submitted charge sheet against the accused persons. On commitment, the learned Sessions Judge framed charge against the accused persons as mentioned above. On denial of the charges, the learned Sessions Judge proceeded with the trial, recorded the evidence of 15 PWs, examined the accused persons and after hearing the parties, delivered the impugned judgment of conviction and sentence.