ASRAF ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 5.12.90 passed by Sessions Judge, Nagaon in Sessions Case No. 136/85, thereby holding the accused-appellants guilty of offence punishable u/s 147, 148, 325/149 and Sections 302/149 IPC and sentencing them undergo one year's R.I. u/s 147 IPC, 2 year's R.I. u/s 148 IPC, 2 years R.I. u/s 325/149 IPC, with fine of Rs. l,000/- each, or in default of payment of fine to undergo Two Months R.I, and to suffer imprisonment for life for offence punishable u/s 302/149 with fine of Rs. 2000/- each, or in default of payment of fine to suffer six months R.I.

(2.) Prosecution case stated in brief was that on 28.8.84 in the morning the cattle belonging to accused Askar Ali, had trespassed into and damaged paddy cultivation, of Abdul Jabbar. It was seen by his sons Sohrab All, Suraj Ali, and Malek Kastur when they went to plough their land, Suraj Ali seized the cattle, while Askar went home to inform others. It is alleged by the prosecution that it was at that moment, that all the accused armed with weapons, such as, dao, lathi, jathi came there and chased Suraj Ali, who in order to save himself took shelter in their own shop. The accused assaulted him (Sura] Ali), Sohrab Ali and Abdul Sattar. Abdul Khaleque and Abdul Jabbar also came there from their house which is just nearby. Both were severely assulted by the accused, Afazuddin, who had come to the shop for purchasing oil and soap was also assaulted. He had to remain hospitalised for treatment for about one and a half months. Others who sustained grievous injuries were Suraj Ali, Hatem Ali, Abdul Sattar, Abdul Jabbar. Abdul Khaleque and Kassem Ali, all of whom have been examined as witnesses.

(3.) Jalaluddin, P.W.-2 who was feeding and taking care of his ducks on the P.W.D. Road, not far away from the place of occurrence, on hearing cries proceeded towards it, as he neared as close as 10 yards, it was Rustom Ali, who cried that he was also just to be assaulted, he took to his heels, but again returned to the place. Soon after the accused had made good their escape to their respective house, only to find his Afazuddin P.W.15 lying unconscious. Jabbar and Khateque were crawling in the ground, Hatem Ali the shop keeper wrapped with a blood stained 'Chadar'. He was told by Ahmed Ali, Rahimuddin and Latif that they would take the injured to hospital, while he came to Nagaon, to lodge a report at the police station. He came to the Court compound met a petition writer who wrote an FIR at his instance. He could see from there that (he injured were being taken to the Civil Hospital He went to the P.S. with the written report, while still at the P.S. he learnt about the death of injured Jabbar in the hospital. On the same day Khaleque, also expired by-evening, while still under treatment.