SYED AZIMUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Syed Azimuddin Ahmed has been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.50,000/- with default stipulation. He has also been convicted under Section 25(1)(a) of the Arms Act and sentenced to rigorous imprisonment for five years and fine of Rs.10,000/- with default stipulation. The jail sentences have been ordered to run concurrently. The trial court has, however, acquitted two co-accused persons, namely, Ali Hussain and Batcha Ali of the charge under Section 302/34 of the Indian Penal Code.

(2.) The victim of the incident was Khadem Ali, aged 38 years.

(3.) According to the prosecution case, Ali Hussain owned a Cloth Shop at Dalgaon falling within the jurisdiction of Police Station Dalgaon, District Darrang. For some reason, he intended to get Khadem Ali killed. Ali Hussain happened to know Batcha Ali, a Constable of Central Reserve Police Force "CRPF" because of the latter's attachment to the CRPF Camp at Dalgaon. On the asking of Ali Hussain, Batcha Ali agreed to kill Khadem Ali for Rs.70,000/-. Batcha Ali, however, told Ali Hussain that since his face had become familiar to the people of Dalgaon, he would engage an assassin from a distant place. Batcha Ali then contacted the appellant to kill Khadem Ali. At that point of time, the appellant was also serving CRPF as Constable and hailed from another District Barpeta. Upon arrival of appellant at Dalgaon, Batcha Ali developed friendly relations with Khadem Ali. On 25.6.1999, around 4.40 p.m., Batcha Ali and Khadem Ali had tea in a Restaurant called "Dipti Hotel" at Dalgaon. Thereafter, they left the Restaurant together on their respective bicycles. After sometime, one gunshot was heard at the National Highway No.52 in front of the Dalgaon CRPF Camp. The CRPF personnel, therefore, rushed to the place of occurrence. There they found Khadem Ali lying dead in a pool of blood with multiple cut injuries all over the body. They also found the appellant lying nearby with a gunshot injury on his leg. Then, someone from the CRPF Camp, informed the police about the incident. In the meantime, Aymon Nessa, wife of Khadem Ali, also made ejahar exhibit 9 at Police Station Dalgaon against unknown persons.