GIASUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE twelve appellants have been convicted under Sections 148, 302 read with 149, I. P. C. and sentenced, each of them, for two years under Section 148 and "rigorous" imprisonment for life plus a fine of Rs. 1000/ - in default R. I. for another year, each, under the latter sections, though obviously the learned Judge could only impose imprisonment for life. The case of the prosecution is briefly as follows.

(2.) P . W. 1 Abed Ali had proceeded from his village Borghat to Tezpur town along with the deceased Joymat Ali and Reajuddin (P.W. 2), about 9 miles away. He had gone on bicycle, the other two had gone by bus. P.W. 1 returned on bicycle from Tezpur; P.W. 2 and the deceased returned by bus. The bus runs up to the village Panchali, from which one has to proceed on foot to village Borghat, When P.W. 1 was returning by bicycle, he met P.W. 2 and the deceased near the police camp of their village, proceeding homewards; P.W. 1 continued to proceed on bicycle. At the house of deceased Joymat Ali about 2 furlongs away from the place where P.W. 1 had met them, he heard a hulla, made by the deceased and P. W. 2; they shouted "we are killed" "we are killed" PW. 1 then rushed to the place from where the hulla came. He saw, from a distance of about 150/200 yards the appellants running towards north in the field near the house of Tikaram, husband of Putlimaya (P.W. 3); there were also other people along with them, whom he could not recognise. The appellants were armed with dao, lathi, bamboo etc. P. W. 1 entered the house of Tikaram, also known as Bhusal Nepali, husband of P.W. 3. On entering the said house, P.W. 1 found the dead body of deceased Joymat Ali inside the house with a number of injuries on his person. It is seen from the evidence of Doctor Nekibur Rahman, whose testimony in the committing Court was received under Section 509 Criminal Procedure Code (old), that he had as many as 13 incised wounds and 8 bruises on his back. One of those incised injuries noticed by Dr. Rahman extended from below right ear across the neck upto right scapular region of back 11"x2"x2"; the same was caused by many blows. All the injuries were ante mortem; death was caused due to shock and haemorrhage as a result of the injuries. There can be no doubt that Joymat Ali had been done to death inside the house of P.W. 3.

(3.) ACCORDING to P.W. 1, P.W. 2 had told him that the appellants had killed Joymat Ali after entering into the said house; but P.W. 2, who had turned hostile even in the committing Court, did not make any such statement.