HOSSAIN ALI (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) The two appellants i.e. Hussain Ali and Siddique Ali, who are father and son, have been convicted under Section 302/34 of the Indian Penal Code for causing the death of one Isahaque Ali Mandal and sentenced to undergo imprisonment for life with fine and default stipulation.

(2.) The ejahar (Ext. 5) in the case was lodged by Mustt. Phool Bhanu (PW-3) on 29.12.2005 before the Moinbori Police Station, Barpeta stating that at around 7 A.M. of 29.12.2005, the five accused persons, which includes the appellants herein, armed with lathi, spear, dagger, spade etc. trespassed into their house at Chatala, dragged her husband Isahaque Ali Mandal out of the house on to the road and killed him by beating and stabbing him by daggers, spade etc. Before leaving, the accused persons also threatened that in the near future, they would also kill the informant and her family members. Based on the said ejahar, Baghbor P.S. Case No. 202/2005 was registered under Sections 147/148/448/302/506 of the Indian Penal Code. Investigation of the case was carried out by Ratneswar Haloi (PW-8). Charge sheet which, however, came to be submitted by Safur Ali (PW-5) implicated the appellants for committing offence under Sections 302/34 IPC. The other three accused named in the FIR were not sent up for trial. The case was committed to trial as Sessions Case No. 108/2010 and formal charge under Sections 302/34 IPC was duly framed. The appellants pleaded not guilty and claimed to be tried.

(3.) To bring home the charge against the appellants, the prosecution examined 8 (eight) witnesses, including the informant, the Medical Officer and the Investigating Officer. The defence did not lead any evidence. After close of evidence of the prosecution witnesses, both the appellants were examined under Section 313 CrPC and were also heard on the quantum of sentence under Section 235(2) CrPC. The stand of the appellants was of total denial and that they had been falsely implicated.