ASURUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Four appellants have preferred this appeal against the judgment and order of conviction dated 09.04.2015 passed by learned Additional Sessions Judge, Bajali, in Sessions Case No.121/2010 whereby they were convicted and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/- each, in default, to suffer simple imprisonment for a further period of three months.

(2.) The prosecution case is that one Tamser Ali as informant lodged an ejahar with Officer-in-charge of Bhabanipur Police Outpost on 05.08.2009 stating that one Ayub Ali and one Bakkar Ali had stolen a mobile phone of Md. Samsul Haque in regard to which his brother Kaser Ali assured the villagers that he would settle the dispute on 04.08.2009 at 8.00 a.m. For this the seven accused persons named in the ejahar threatened his brother Kaser Ali to finish his life. Thereafter, at 11.00 p.m. on 03.08.2009 when his brother Kaser Ali along with few others were returning home Asuruddin and Ayub Ali dealt blow on him by khukri into his chest seriously injuring him. On being taken to Barpeta Civil Hospital he was declared dead. This ejahar contained names of as many as seven accused persons.

(3.) Upon receipt of this ejahar G.D.Entry No.76 dated 04.08.2009 was recorded and upon the information being forwarded to Barpeta Police Station, Barpeta Police Station Case No.782/2009 under Sections 302/34 of the Indian Penal Code was registered.