AINUL HOQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 29.04.2004, passed, in Sessions Case No. 17/2001 (GR case No. 1236/2000), by the learned Additional Sessions Judge (Adhoc), Karimganj, the accused-appellants stand convicted under Section 302 IPC read with Section 149 IPC and sentenced to suffer imprisonment for life with fine of Rs. 5,000/- and, in default of payment of fine, to suffer further rigorous imprisonment for three months each. The accused-appellants stand further convicted under Section 148 IPC and sentenced to suffer rigorous imprisonment for a period of six months each, both the sentences having been directed to run concurrently.

(2.) The case against the accused-appellnts, as unfolded at the trial, was as follows: A land dispute existed between Laila Elegum (since deceased), who was a spinster, her father, Mohib Ali, and her sister, Khairun Nessa @ Chinu Begum, on the one hand, and the accused-appellants, on the other. This land dispute became the genesis of the occurrence, which resulted into the death of Laila Begum. On the day of occurrence, i.e., on 18.12.2000, at about 2.30 p.m., when Chinu Begum was present at her father's house, the accused-appellants, in a group, came to their house and pulled her younger sister, Laila Begum, out of her house, dragged her to the courtyard and, after surrounding her, accused Moinul Haque hacked her on the neck with a dao causing injury on her neck and when, on witnessing the assault, Chinu raised hulla, accused Mainul chased her with the dao in his hand. Though Laila Begum started running towards the house, she fell down near the plinth of her house. Accused persons, then, caught hold of Laila Begum, accused Asma went running inside her house, feflched a dao from there and handed over the same to accused Abdul Latif asking him to finish Laila, whereupon accused Abdul Latif sawed Laila's neck with the dao killing her at the spot. On hearing the cries of Chinu, their neighbour, Hussain Ahmed, came to the courtyard and witnessed the occurrence. When Hussain Ahmed saw the assault on Laila at the hands of accused Mainul and when he saw Asma giving accused Abdul Latif dao, he orally resisted, but the accused paid no heed to the objections raised by Hussain Ahmed and threatened him. On being so threatened, Hussain Ahmed ran away from the place of occurrence to his house and after about 10-15 minutes, when he came back to the place of occurrence, he found outsiders having gathered there and Laila lying dead in the courtyard. Hussain Ahmed informed their Panchayat President, Nilay Paul, about the occurrence over phone. The said Panchayat President, then, tried to contact police, at Badarpur police station, over phone, but as the phone was engaged, he informed, over phone, Tapan Deb, Circle Officer, Badarpur, about the occurrence. The Circle Officer aforementioned, in turn, informed the police station to the effect that Laila Begum had been assaulted seriously by her neighbourers and he apprehended that the victim might have succumbed to her injuries. This information was recorded in the form of GD Entry No. 197/2000, dated 08.02.2000, and, on being directed by the Officer-in-Charge of the said police station, SI Kanti Bhusan Deb came to the place of occurrence, held inquest over the said dead body, recorded statements of the witnesses and also prepared sketch-map (Ext. 9) of the place of occurrence. The police also seized from the: house of accused Abdul Latif two daos. One of these daos was found kept concealed under the mattress of the bed and this bore blood like substance on its sharp edge. These two daos were also seized. On that very day, at about 9-30 p.m., Chirm Begum lodged a formal written Ejahar (Ext. 1) and treating the same as First Information Report, Badarpur Police Station Case No. 204/2000 was registered against the accused-appellants under Sections 147/148/149/302 IPC. On completion of investigation, police laid chargesheet against the accused-appellants under the penal provisions aforementioned.

(3.) During trial, all the accused-appellants pleaded not guilty to the charges framed against them under Section 148 IPC and also under Section 302 read with Section 149 IPC. On conclusion of the trial, the learned trial Court, having found the accused-appellants guilty of the offences charged with, convicted them accordingly and passed sentences against them as mentioned hereinabove. Aggrieved by their conviction and the sentences passed against them, the accused-appellants are before us with the present appeal.