MD JAMALUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has arisen from the impugned judgment and order passed on 11.5.53. and 13.5.93 by the learned Sessions Judge; Barpeta in Sessions Case No. 43(B)/91 by which the appellants were convicted under Section 362/34 and sentenced to imprisonment for Me.

(2.) The prosecution case started with the First Information Report filed by the informant Lokman Hussain (P.H.2) on 24.2.89, informing the murder of his father Chand Mia and paternal uncle Noai Dewani by the accused persons numbering 10 who faced trial being charged under Section 302/34 and 302/34 of the IPC.

(3.) From the First Information Report and the evidence on records the prosecution case stands like this :- Alabox Hunchi P.W. 6 owned and possessed about 14 Bs. of land covered by annual patts (Exts. 3, 4 and 5) at Daukamari Chat. Accused Hazarat as nothern boundary man demolished the boundary of Alabox land. Being informed Alabox along with his brothers Chand Mia and deceased Nowai, Phulbar, (P.W.4), Riaj (P.W.3) and Habej (P.W.1) and others went to the Daukamarichar on 24.2.89. They scaled the land but as the accused-boundary men were not present they decided to return home without scaling any more land. When they started leaving, the accused appeallants along with other accused persons (acquitted) being armed with lathi and ballam attacked the group of Allabox. Accused appellant Jamal gave a lathi blow on the shoulder of Nowai and accused Majibar pienced his ballam in his belly. Accused appealant Sadagar held the leg of Nowai and assaulted him with dao. Nowai fell down and died. Seeing all these, Chand Mia proceeded towards the accused persons requesting them not to kill Nowai. But accused-appellants Majibar pierced him with his ball am in hand into chest of Chand Mia. They also assaulted Ala Box and his companions causing injuries and left the place.