MUFJJIL ALI ALIAS MAIJUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals from the jail are directed against the judgment of conviction dated 28.3.2000, passed by the learned Session Judge, Karimganj in Session Case No. 40 of 1997 convicting the appellants in bath the appeals under Section 302/34 IPC and sentencing them to undergo rigorous imprisonment for life and to pay fine of Rs. 1000/- each, in default, to undergo rigorous imprisonment for a further period of three months.

(2.) Both the appeals having arisen from the same judgment of conviction those are taken up for hearing and disposal together. Since the appeals were from the jail, learned counsel Mr. Goutam Baishya, was appointed as amicus curiae.

(3.) On the basis of the information given by Rajesh Nath, son of Naresh Nath of village Paschim Singla No. 5, Ratabari Police Station made General Diary Entry No. 421 dated 17.7.1995 to the effect that Parendra Nath was seriously injured by the accused Sajal Nath and Mufajjil Ali and others and when the villagers wanted to take the injured to the hospital the accused person prevented them from doing so. The police on receipt of the said information started investigation. On the next day of occurrence i.e. on 18.7.1995 a written ezahar was lodged by the wife of the deceased Parendra Nath in Ratabari police station intimating that on 17.7.1995 at about 3 p.m when her husband went out to attend the nature's call in a drain, the accused persons including the present appellants assaulted him with sharp weapon and on hearing the alarm raised by her husband she came out of the house and saw the occurrence and thereafter the accused persons injured her eldest son Pranil Ranjan Nath grievously by assaulting with lathi and spear. It has further been stated that her husband succumbed to the injury caused to him by the accused persons on his head, abdomen, legs, and hands and in other parts of the body. The investigating agency upon completion of investigation submitted the charge sheet against all the accused persons including present appellants under Section 302/34 IPC. Accordingly the charge under Section 302/34 IPC was framed against all the accused persons by the learned Session judge, Karimganj on 25.9.97, which when explained to the accused they pleaded not guilty and claimed to be tried.