LAWS(GAU)-2016-12-48

MD. SAIJUDDIN Vs. THE STATE OF ASSAM

Decided On December 08, 2016
Md. Saijuddin Appellant
V/S
The State Of Assam Respondents

JUDGEMENT

(1.) The sole appellant Md. Saijuddin has been convicted under Sec. 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.25,000.00 with default stipulation. Son Md. Amir Ali of the appellant was also co-accused in the trial. But since he was found to be juvenile, his case has been referred to the Juvenile Justice Board.

(2.) The victim of incident was Abdul Mazid.

(3.) According to the prosecution case, Md. Abdul Mazid lived in the neighbourhood of appellant. He believed that the cock/hen of appellant had damaged his cultivation. And on this issue, he had a quarrel with the appellant around 5 a.m. on 12.11.2006. The appellant and his son Md. Amir Ali then caused injuries to him with their respective lathis. Md. Fazar Ali (P.W.-2), Kashida Begum (P.W.-3), Sukur Ali (P.W.-6) and Nazirul Hoque (P.W.-7) are eye witnesses to the incident. Md. Hasmat Ali (P.W.-1) saw the appellant and Amir Ali running away from the spot. After receiving the injuries Md. Abdul Mazid fell on the ground. He was immediately taken to the hospital where he died during treatment on the same day around 4.30 p.m. Md. Hasmat Ali therefore made ejahar exhibit 1 at Police Out-Post Kharupetia falling within the jurisdiction of Police Station Dalgaon. In the ejahar Md. Hasmat Ali categorically named the appellant as one of the assailants of Abdul Mazid.