LAWS(GAU)-2007-10-38

DUDU ALI Vs. STATE OF ASSAM

Decided On October 16, 2007
DUDU ALI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Challenge in these two separate appeals being Criminal Appeal Nos. 229 of 2001 and 346 of 2001, are to the judgment rendered by the learned Sessions Judge, Golaghat on 22.06.2001 in Sessions Case No. 15 of 1999, whereby and whereunder the learned Sessions Judge convicted and sentenced the appellants herein, in both the appeals under Section 302 of the Indian Penal Code (in short IPC) for imprisonment of life and to pay a fine of Rs. 10,000/- each with a defaulting clause. During the pendency of the appeals before this Court, accused Dudu Ali died and therefore, the appeal stood abated so far as Dudu Ali is concerned.

(2.) The prosecution story, sans unnecessary details, may be stated as follows : Golaghat PS Case No. 216/95 under Sections 147/148/149/448/302 IPC was registered by Police on the basis of an Ejahar lodged by one Munna Hussain on 26.05.95 alleging, inter alia, that twelve named accused persons including the present appellants inflicted injuries on the person of informant's elder brother and mother with dao, spear, etc. and they (the accused persons named in the said Ejahar) killed the informant's father Jabar Uddin by stabbing him with spear and hacking with dao. On completion of investigation, police submitted charge-sheet under Sections 147/148/149/448/302/325 IPC against the 15 accused persons, namely, (i) Mafajul Hussain, (ii) Seikh Mahammad Hussain, (iii) Bubuli Ali, (iv) Akoni Ali, (v) Manik Ali, (vi) Son Ahmed, (vii) Bubu Ali, (viii) Milik Hussain, (ix) Jalil Ahmed, (x) Dudu Ali, (xi) Mokibotddin Ahmed, (xii) Mafijur Ali, (xiii) Samrat Ali, (xvi) Bulu Ali and (xv) Samsul Hussain.

(3.) Since the offence under Section 302 IPC is exclusively triable by the Sessions Court, the case was committed to the Court of the learned Sessions Judge, Golaghat, on 04.02.99 by the concerned Magistrate. On receipt of the case records being GR Case No. 497/95 (corresponding Golaghat PS Case No. 216/95). Sessions Case No. 15 of 1999 was registered in the Court of the learned Sessions Judge, Golaghat. The learned Sessions Judge, framed charge with one head under Section 302 IPC against all the 15 accused persons. A separate charge under Section 324 IPC was also framed against accused Mokibotddin. Charges were read over and explained to the accused persons, to which they pleaded not guilty and claimed to be tried.