MOKLISH AHMED BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. K. Deka, learned counsel for the appellant and Ms. B. Bhuyan, learned Senior Counsel and Addl. PP for the State.

(2.) This appeal has been filed against the impugned Judgment dtd. 24/1/2024, passed by the learned Sessions Judge, Cachar, Silchar, in Sessions Case No. 103/2016, by which the appellant has been convicted under Sec. 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000.00, in default, to undergo simple imprisonment for three months.

(3.) The brief facts of the case is that an FIR dtd. 13/7/2015 was submitted by the informant (PW-1) to the Officer-in-Charge of Sonai P.S., stating that the informant's family used a road for the purpose of ingress and egress from their house, which was claimed by the 7 accused persons as their land. This resulted in the 7 accused persons trying to occupy the road by force and not allowing the informant's family to use it. Around 6 pm on 9/7/2015, the appellant with 6 other co-accused persons who were armed with weapons, detained the family members of the informant on the road, while they were coming back to their house from the vegetable field. The 7 accused persons thereafter chased them and trespassed into their house. They assaulted the informant's family members with lathi, dao and shovel (wooden stick) etc., causing grievous injury on the head of Md. Burhan Uddin Barbhuiya (deceased), who is the elder brother of the informant. The informant's sister-in-law Jyotsna Begum and nephew Imran Hussain Barbhuiya were also subjected to assault. The informant also stated that the hand of his sister-in-law was also possibly fractured in the assault. After assaulting the family members of the informant, the accused persons opened their alimirah and took away Rs.50,000.00. They also took a Nokia mobile phone besides causing damage, by breaking the walls and windows of the house as well as the boundary fencing of the house.