MAGAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Magar Ali has been convicted under Section 302 read with Section 149 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10,000/- with default stipulation. He has also been convicted under Section 147 and 148 of the Indian Penal Code and sentenced to rigorous imprisonment for one year and two years respectively. The jail sentences have been ordered to run concurrently.

(2.) According to the prosecution case, on 6.8.2003, at about 3 P.M., a quarrel took place between the co-accused Musaraf Hussain and deceased Abdul Aziz. After the quarrel was over, both went to their respective houses. But after sometime, Musaraf Hussain along with other co-accused persons, namely Abdul Rahim, Haidur Ali, Khalilur Rahman, Mijanur Rahman, Kutubuddin including the appellant, armed with deadly weapons, went to the house of Abdul Aziz. There, all of them assaulted both Abdul Aziz and his brother Sayid Ali with their weapons. They even assaulted Md. Sekender Ali because he was present at the place of occurrence. Abdul Aziz, Sayid Ali and Md. Sekender Ali were then shifted to the hospital for treatment. But Abdul Aziz could not survive the injuries and died in the hospital during treatment.

(3.) First information report of the incident was lodged at Sarupeta Police Outpost which was forwarded to the Officer-inCharge of Pattacharkuchi. The police after investigation, chargesheeted the appellant and co-accused persons, namely Musaraf Hussain, Abdul Rahim, Haidur Ali, Khalilur Rahman, Mijanur Rahman and Kutubuddin. All of them also were tried jointly in the Court of Additional Sessions Judge (FTC), Barpeta vide Sessions Case No.73 of 2004 for offences under Section 232/147/148/302/149 of the Indian Penal Code vide G.R. Case No.133 of 2003.