MD ABDUL NUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th September, 1993, delivered by Sessions Judge, Karimganj in Sessions Case No. 1/93, thereby holding the appellant guilty of offence punishable under Section 396 IPC and sentencing him to undergo imprisonment for life.

(2.) Prosecution case stated in brief was that the accused-appellant along with others named and unnamed numbering; about 10/12 on the night of 12th March, 1986 intruded into the house of one Shirish Ranjan Paul, the father of P.W.-1. The family had gone to attend a marriage of the nephew of Shirish Paul at Patharkandi and had returned home around 2-30. Somebody knocked at the door pretending to be a police man and asking the inmates to open the door. Shirish Paul was reluctant to open toe door, Sujit Ranjan Paul, P.W.-l went upto the door and peeped through its gate, he found that 4/5 persons standing outside to ascertain the identity. He went upstairs and lying low on the roof, but still keeping safe he looked outside and found that a man was moving around with a gun, the other whom he could recognise was Mafiz Ali, a local vendoor of second hand clothes in the market. His brother Sarbajit Paul was occupying another room in the house on the first floor. Four to five persons who had come broke open the door and entering the house fired shots from the gun, P.W.-l came out only to find his father lying in the Verandah with bullet wounds, the dacoits had decamped with some jewellery, wrist watch and cash from his father's room and that of his brother Sarbajit. The injured Shirish Paul was rushed to the local hospital while still on his way, he breathed his last.

(3.) P.W.-l, lodged an ejahar, Ext.1 at the police station, which led to the registration of a case under Section 346 IPC. This FIR contains the names of accused Mafiz Ali of Naliapool and also the details of ornaments looted from the house. It may be noted that while Mafiz Ali died during the pendency of trial, the other accused Gopinath has been acquitted by the trial Court. The appellant has preferred this appeal, from jail, Since he was not assisted or represented by any counsel Dr. (Ms) S. Rahman was appointed as Amicus Curiae. She is heard as also the learned Public Prosecutor Mr. D. Goswami.