NAZIRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal is preferred against the judgment and order dated 02.03.2012 passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 101/2007 arising out of G.R. Case No. 271/1999, wherein, the two accused appellants has been convicted under Sections 320/34 IPC.

(2.) The prosecution case, in a nutshell, is that one Chan Banu, wife of deceased Safiuddin of Hatimuria, P.S. Moirabari, lodged an FIR with Moirabari Police Station, alleging inter-alia that on 08.05.1999 at 9.25 p.m., her husband Safiuddin, her son Saiful Islam and brother-in-law Jalaluddin and nephew Abul Kasem, while returning from Moirabari market in their own vehicle, were attacked by some unknown miscreants and fired gunshots towards their vehicle as a result of which her husband Safiuddin and her son Saiful Islam were killed on the spot. Jalaluddin and Abul Kasem sustained serious injuries in the said incident and the vehicle was also damaged. On being informed by some unknown persons about the incident, one G.D. Entry was also made by the Investigating Officer and the Investigating Officer started the investigation after making G.D. Entry itself and visited the place of occurrence and the injured were sent for medical examination and the dead bodies of the two deceased persons were sent for postmortem examination. After completion of investigation, the Investigating Officer submitted Charge-Sheet against five accused persons, two of whom are the present accused appellants, who faced the trial and other three were declared absconder.

(3.) After receipt of the case on committal, the learned Sessions Judge framed charges under Sections 302/34 & 120B/34 IPC against the present accused appellants and the charges were explained to them to which they pleaded not guilty. During the trial, prosecution examined as many as 23 witnesses and defence also examined 2 witnesses. There is no specific plea of alibi taken by the defence in course of trial but by adducing defence evidence, they took the plea of alibi after the closure of evidence of prosecution.