ABDUL KHALIQUE @ KHALIQUE KHASIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These two criminal appeals are filed against the Judgment and Order dated 14.8.2013 passed by the learned Sessions Judge, Karimganj in Sessions Case No.53 of 2012 convicting and sentencing the three accused persons under Section 302/34 of the Indian Penal Code, 1860 (IPC) to undergo rigorous imprisonment for life and also to pay a fine of Rs.2000/- each and in default thereof, to further undergo rigorous imprisonment for 1 (one) month.

(2.) Out of the three convicted persons, two of them i.e., Amiruddin and Abdul Khalique filed their appeals from jail and they are commonly registered as Criminal Appeal (J) No. 115 of 2013. The other appeal is filed by the convict accused Abdul Khalique through his engaged counsel and is registered as Criminal Appeal No.324 of 2013. Since all the three accused persons having been convicted and sentenced by a common judgment, both the appeals are taken up together for disposal. The convicted persons for convenience will be referred to as the appellants hereafter.

(3.) The case of the prosecution is that an FIR was lodged by Musstt. Aiyana Bibi, wife of the deceased Sarkum Ali on 24.8.2008 before the Officer in-charge of Cheragi P.P. under the Ratabari Police Station stating that on 23.8.2008, her two daughters went to the house of one Tena Khasia at Khasia Punji to work in his betel leaf plantation and around 8 p.m., her husband left home to fetch them. Thereafter, around 12 midnight when her husband was coming home with one of their daughter Aklima Begum, she heard the cry of her husband and she therefore rushed out of the house and saw her daughter Aklima Begum running back towards their house and informing her that the appellants had attacked her father and after assaulting him with lathi, they left him in an unconscious state. She then rushed to the spot with her daughter and found her husband lying half dead on the ground. He was profusely bleeding from his head, hand, belly and waistline. She and her daughter somehow managed to bring him home in an unconscious and bleeding state. She therefore requested the police to make an investigation and take necessary action against the appellants who were named in the FIR.