NUR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) ON the basis of the First Information Report (Exhibit-1) lodged by Md. Abdul Kalam (PW-1), the father of the deceased Mohammad Ali on 6. 4. 1992 alleging that on that day at about 6 p. m. while his son was returning home from Laluk Bazar along with co-villagers Abdul Kadir (PW-4) and Md. Jabed Ali (died before commencement of the trial), Md. Nurul Haque, Md. Ajin Ali, Md. Nur Islam, Md. Hasmat and Md. Hossein Ali armed with dao, lathi etc. waylaid him near the residence of Kabil on Kehutoli road and inflicted injuries on his head and abdomen, causing grievous injuries resulting in his death, Bihpuria P. S. Case No. 122/1992 under Sections 147/148/149/302, IPC, was registered. The investigating agency, pursuant to such registration of the police case started investigation and apprehend Nurul Haque, Hasmat and Hossein Ali but could not apprehend the present appellants, namely Md. Nur Islam, Ajin Ali and Saidul, as they were avoiding arrest and they were declared as absconders till their arrest on 14. 3. 2000. The trial against Md. Nurul Haque, Hasmat and Hossain Ali commenced after framing of charges under Sections 302/34, IPC, and the learned Sessions Judge, North Lakhimpur vide judgment and order dated 29. 3. 2000 while convicted Nurul Haque under Section 302, IPC, having found him guilty for murder of Mohammad Ali, acquitted other persons, namely Md. Hasmat and Hossain Ali. The said judgment of the conviction was carried to this Court by way of Criminal Appeal No. 192 (J)/1997, which was upheld by a Division Bench of this Court on 20. 8. 1999. On being apprehended, charges were framed against the present appellants by the learned Sessions Judge vide order dated 14. 3. 2000 under Sections 302/34, IPC, which when read over, the appellants denied the same and claimed to be tried. Hence, the trial commenced against the appellants.

(2.) DURING the course of trial, the prosecution in order to prove the charges level against them examined 10 (ten) witnesses, which includes the first informant Abdul Kalam as PW-1, two eye-witnesses, namely Abdul Kader as PW-4 and Multan Ali @ Mamtus as PW-5, the Investigating Officer as PW-6 and Dr. Hem Ch. Baruah, who conducted the autopsy over the dead body of Mohammad Ali as PW-7, apart from five other witnesses, namely Samad Ali, Ainuddin, Gobinda Baruah, Swad Ali and Shri Apurba Kalita. On completion of the examination of the prosecution witnesses, the accused persons were examined under Section 313 Cr. PC. The learned Sessions Judge upon appreciation of the evidences available on record convicted the appellants under Sections 302/34, IPC vide judgment and order dated 18. 11. 2000 and sentenced them to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 5,000/- each, in default to undergo Rigorous Imprisonment for a period of 6 (six) months. Hence, the present appeals have been preferred by the appellants from jail separately. Since the appeals are arising out of the common judgment of conviction passed by the learned Sessions Judge, all the three appeals have been taken up for hearing and disposal together.

(3.) WE have heard Mr. B. Pathak, the learned Amicus Curiae appearing in Criminal Appeal No. 15 (J)/2001, Mrs. A. Devi, the learned Amicus Curiae appearing in Criminal Appeal No. 14 (J)/2001 and Mr. M. K. Boro, the learned Amicus Curiae appearing in Criminal Appeal No. 24 (J)/2001. We have also heard Mr. K. C. Mahanta, the learned PP, Assam.