AZIZUR RAHMAN (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) Appellant Azizur Rahman was convicted under Section 302 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs.5000/-, in default, to suffer simple imprisonment for three months by learned Sessions Judge, Dhubri, vide judgment and order dated 20.12.2012 in Sessions Case No.120/2006. By the same judgment and order two other co-accused persons, namely, Abdul Baten and Abdul Rohim were convicted under Section 323 of the Indian Penal Code and they were sentenced to pay a fine of Rs.1000/- each, in default, to suffer simple imprisonment for 15 days each. While the two co-accused persons Abdul Baten and Abdul Rohim have not challenged the judgment and order dated 20.12.2012, accused Azizur Rahman has preferred this appeal.

(2.) The prosecution story is that on 15.6.05 three mediators were sent to the house of accused Azizur Rahman Moulabi with marriage proposal of daughter of the said accused with the son of the complainant. These three mediators were tied up at their hands and feet with iron chains. Hearing about confinement of the mediators the informant along with his 4/5 brothers went to the house of the accused Azizur Rahman Moulabi and there was altercation. The accused persons in a group assaulted them. In the result Samsul Bari, younger brother of the complainant, died on way to hospital and his elder brother Jamer Ali and nephew Muslim Ali also sustained grievous injuries. Allegations were levelled against as many as 11 accused persons. Upon receipt of the ejahar Mankachar Police Station Case No.154/2005 under Sections 147/148/149/342/326/302 of the Indian Penal Code was registered. Police held inquest over the dead body, sent it for post mortem examination, recorded statements of the witnesses and ultimately submitted charge-sheet on 31.07.2005 against all the accused persons under Sections 147/148/149/342/326/302 of the Indian Penal Code. The learned Chief Judicial Magistrate, Dhubri, by his order dated 14.09.2006 committed the case to the Court of Sessions and thereupon Sessions Case No.120/2006 was registered. The learned Sessions Judge framed charges under Sections 342/302/323 read with Section 149 of the Indian Penal Code against all the accused persons. The charges were read over to the accused persons whereupon they pleaded not guilty and claimed to be tried.

(3.) In course of trial prosecution examined 13 witnesses including two medical officers and one investigating officer. The accused persons were duly examined under Section 313 of the Code of Criminal Procedure. Upon hearing the learned counsel for the parties and on perusal of the evidence on record the learned Sessions Judge passed the impugned judgment and order dated 20.12.2012 whereby accused Azizur Rahman was convicted under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life along with a fine of Rs.5,000/-, in default, to suffer simple imprisonment for three months. Accused Abdul Baten and Abdul Rohim were found guilty of committing offence under Section 323 of the Indian Penal Code and accordingly they were sentenced to pay a fine of Rs.1000/- each, in default, to suffer simple imprisonment for fifteen days each. The present appeal has been preferred by accused Azizur Rahman challenging his conviction under Section 302 of the Indian Penal Code.