MAFIZUDDIN ISLAM AND ANR. Vs. STATE OF ASSAM

JUDGEMENT

(1.) TWO accused were found guilty by the Sessions Judge, Morigaon in Sessions Case No. 30 of 1999 for the offence of murder punishable under Section 302 IPC and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/ - each, in default, R.I. for another 6 (Six) months.

(2.) THE incident occurred on 17.3.1997 at about 7.00 A.M. at Moirabari Bazar. The deceased Keramati Ali Maral was having tea in the tea stall of Dilip Madak at Moirabari Bazar. At that time accused Abdul Hai, Abdul Rashid, Md. Dadul Islam, Md. Ruhul Amin, Md. Mafizuddin and Rahim Faruki entered the tea stall quite all of a sudden and accused Abdul Hai and Abdul Rashid fired at the deceased with pistol, while the other accused assaulted him by stabbing and hacking with dagger, sword etc. Keramat Ali died instantaneously on the spot.

(3.) ON committal to the Court of Sessions, the learned Sessions Judge framed charge under Sections 302/109 IPC for abetment in the commission of crime against accused Giasuddin Muktar, Abdul Jalil and Samsul Haque where as, the learned Sessions Judge framed charge under Sections 147/148/149/302 of IPC against all other remaining six (6) accused persons. During the course of trial, the accused Abdul Hai died and the case was abetted against him and the other accused Ruhul Amin was declared absconder.