ABDUL RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two criminal appeals have been preferred by the appellants against the Judgment and Order dated 20.05.2013 passed by the learned Sessions Judge, Bongaigaon in Sessions Case No.60(J) of 2006 convicting the appellant in Criminal Appeal No.215 of 2013 under Section 302/34 of the Indian Penal Code, 1860 (IPC) and sentencing him to undergo rigorous imprisonment for life while convicting the two appellants in Criminal Appeal No. 199 of 2013 under the said provisions and sentencing them to rigorous imprisonment for 10 years. Both the sentences are also with a fine of Rs.1000/- each and with a default clause. Since the appeals are against the common Judgment and Order dated 20.5.2013, they are taken up together for disposal.

(2.) Heard Mr. AR Sikdar, learned counsel appearing for the appellants in both the cases and also heard Mr. K Konwar, learned Additional Public Prosecutor, Assam appearing for the State.

(3.) The case of the prosecution for the purpose of disposal of the appeals may briefly be noticed at the outset. A written ejahar was submitted by Smti Joynab Bhanu, wife of the deceased on 9.12.2004 before the Officer-In-Charge, Joghigopa police station to the effect that around 10 pm on 08.12.2004, while her husband was not at home, the appellants alongwith three other accused persons were hurling abuses at her using filthy language and to which she asked them as to why they were behaving in that manner. Her husband in the meantime arrived home and on his query, she narrated the matter to him. Upon being informed as to what had happened, her husband came out to the verandah and requested the accused persons not to repeat such activity again in future. The accused persons than chased her husband in order to beat him up. While two of the appellants, namely, Nasiran Begum and Abdul Subahan held her husband, the third appellant stabbed him with a "khapar" (spear) in his chest causing grievous injury to him. When she and others at home tried to resist the accused persons, they also attacked them with lathis, dagger and dao which were in their hands. Thereafter, her injured husband was taken to Jhogigopa Police Station with the help of their neighbours whereupon the police sent them to Goalpara Civil Hospital. However, her husband died on the way to the Hospital, while the remaining family members who were injured were being treated in the Hospital. On the basis of the first information, Joghigopa PS Case No. 70 of 2004 under Section 326/302/34 IPC was registered and investigation conducted.