ABDUL KADIR (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order, dated 14.06.2013, passed by the learned Sessions Judge No. 2, Kamrup, Guwahati, in Sessions Case No. 323(K) of 2006, whereby and where under, the learned Sessions Judge convicted the appellants and Mr. Kala Ali alias Bhaiti Ali under Section 302 read with Section 34 of the Indian Penal Code (for short, IPC) and sentenced each of them to suffer imprisonment for life and pay fine of Rs. 5000/-, in default, suffer rigorous imprisonment for another period of 3 (three) months.

(2.) We have heard Mr. A.K. Bhattacharjee, learned Sr. Counsel, appearing for the appellant Nos. 1 and 2 and Mr. P. Kataky, learned Counsel, appearing for the appellant No. 3. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam.

(3.) The prosecution case, in brief, is that, on 27.03.2003, at about 8.30 p.m., when Md. Deraj Khan Ali (hereinafter called' the deceased'), was returning home from Athiapara, the appellants, along with other accused persons, finding him on the road in front of their house, had attacked him by means of dao, dager and axe etc. thereby causing injuries to his person. Hearing hue and cry, the brothers and other members of the family of the deceased, who were in their house, came out and rushed to the place of occurrence. They found the deceased, lying in injured condition, in the place of occurrence. The deceased, in injured condition, was taken home and from there, he was taken to the Hajo Public Health Centre, wherefrom he was referred to the Gauhati Medical College Hospital (for short, GMCH). While taking the deceased to the GMCH, the members of the family of the deceased had informed the Police at the Hajo Police Station and accordingly a GD Entry was made in the said Police Station. The deceased was escorted by Police to the GMCH, wherein, at about 2.30 AM, on the next day i.e. on 28.03.2003, he succumbed to the injuries.