MD BABU ANCHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Criminal Appeal (J) No.70 of 2012 and Criminal Appeal (J) No.71 of 2012 have arisen out of a common judgment whereby the two appellants of these two appeals have been convicted under Section 302/34 of the Indian Penal Code and they have been sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.1000/- each, in default, to undergo rigorous imprisonment for sixty days more. The other four accused persons tried in the case, however, were acquitted of all the charges.

(2.) The prosecution story is that one Girin Buragohain lodged an ejahar with Officer-in-charge of Khelmati Police Outpost on 16.05.2006 at 10.10 a.m. informing that the five accused persons named in the ejahar including the present two appellants had caused grievous injury to his son Pulin Buragohain and one Bijoy Kumar Thakur by hacking with dao. His son succumbed to the injuries in Lakhimpur Civil Hospital and injured Bijoy Kumar Thakur was undergoing treatment in hospital. On the basis of this ejahar Khelmati Police Outpost registered General Diary Entry No.237 dated 16.05.2006 and forwarded the same to North Lakhimpur Police Station for registering a case under appropriate sections of law. Consequently, North Lakhimpur Police Station Case No.300/06 under Sections 147/326/302 IPC was registered and investigation started. Police visited the place of occurrence, recorded statement of witnesses and recovered a knife from accused Angoor Ali. The dead body was sent for post mortem examination. Ultimately, upon completion of investigation charge-sheet was submitted against as many as six accused persons and they are (1) Md. Angoor Ali, (2) Md. Babu Anchari, (3) Md. Moina Anchari, (4) Md. Budu Ali, (5) Md. Sukur Ali and (6) Md. Ramjan Ali. Out of these six accused persons name of Sukur Ali was not mentioned in the ejahar. Be that as it may, the SubDivisional Judicial Magistrate, North Lakhimpur, committed the case to the Court of Sessions on 04.06.2011. Sessions Case No.54(NL)2011 was registered and charges were framed under Sections 147/324/302/149 of the Indian Penal Code against all the accused persons. The accused persons pleaded not guilty and claimed to be tried.

(3.) In course of trial prosecution examined as many as twelve witnesses including two medical officers and one investigation officer.