ABDUL KHALEQUE SARDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned senior counsel representing the appellants, assisted by Ms. R. Choudhury, Advocate. Also heard Mr. K. Konwar, learned Additi-onal Public Prosecutor, Assam. The two appellants i.e. Abdul Khaleque Sardar @ Abdul Khaleque and Nafaluddin have been convicted for causing the death of Amir Hussain and sentenced to undergo rigorous imprisonment for life and also to pay fine with default stipulation. Whereas Abdul Khaleque has been convicted under Section 302 IPC, Nafaluddin has been convicted under Section 302/341 IPC.

(2.) On 05.07.2004 an ejahar (Ext. 1) was lodged by Basher Ali (PW-1) before the Officer-in-charge, Joghighopa Police Station alleging that around 7.30 P.M. of 04.07.2004 while his son Nazrul Islam (PW-3) along with his nephew Amir Hussain (deceased) and his younger brother Mahir Ali (PW-11) were coming from Malegarh market, they were waylaid by the persons named in the FIR in furtherance of a pre-planned conspiracy. The appellant no. 1 Abdul Khaleque killed Amir Hussain by dealing a dagger blow in the back from behind. Grievous injury was also caused to Mahir Ali resulting from assaults on several parts on his body with iron rod. On alarm being raised, many people from Malegarh market came to the place of occurrence and although the accused persons fled the scene, people apprehended two accused persons namely Ismail Sardar and Rejak Sardar. Based on the said first information, Jogighopa P.S. Case No. 41/ 2004 dated 05.07.2004 was registered under Sections 147/148/325/302 IPC. Invest-igation of the case was carried out by Bhupendra Nath Das (PW-13), who at the relevant time was working as Sub Inspector of Police, Jogighopa Police Station. The said investigation resulted in charge-sheeting five accused persons, including the appellants herein. The case was committed to trial with formal charge being framed. Before proceeding further it is placed on record that out of the five accused persons sent up for trial, save the two appellants herein, the other three were acquitted by the trial Court.

(3.) To bring home the charge against the appellants, as many as 14 (fourteen) witnesses were examined from the prosecution side including the Investigating Officer and the Medical Officer who had conducted the post-mortem examination on the deceased Amir Hussain. From the defence side, three witnesses had also been examined. After close of evidence, the appellants were examined under Section 313 CrPC and were also heard on the quantum of sentence under Section 235(2) CrPC.