MUZAMMIL HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants namely, Muzammil Hussain and Mukib Ali were tried by the learned Sessions Judge, Kamrup, Guwahati in Sessions Case No. 20(K)/1997 and convicted and sentenced under Section 302/34, IPC for intentionally causing death of Azizur Rahman alias Bhondela on 21-10-1991 at about 11.30 a.m. The sentence imposed against both the appellants on conviction is imprisonment for life and to pay a fine of Rs. 300/-. in default, to further imprisonment for six months each. Being aggrieved, they have preferred this appeal.

(2.) We have heard Mr. J. M. Choudhury, learned senior counsel assisted by Mr. B. M. Choudhury, learned counsel for the appellants and also Ms. A. Begum, learned Public Prosecutor, Assam.

(3.) P.W. 5, Md. Hamid Ali lodged the ejahar before the Officer-in-charge of Kaya Police Station on 21-10-1991 alleging that on the same day at about 11.30 a.m. there was a quarrel at Pub Tola area of No. 2 Dhuhi Village between Md. Nurul Haque on the one side, and Muzammil Hussain and Md. Mukib Ali and two others on the other side over encroachment and putting up of a fence on the Government road. At that time, the accused Muzammil Hussain struck Azizur Rahman (deceased) with a dao causing grievous injuries resulting in his death on the spot.