MOHAMMAD NURUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Learned counsel Mr. Tara Charan Mazumdar for the appellants raised the points that there was undue delay in lodging the First Information Report wherein 13 persons by name had been implicated; that the so called eyewitnesses P.W.7 and P.W. 8 had consultation between them before lodging the First Information Report; that there was no specific evidence as to bow many out of the accused took active participation in assaulting Surat Ali Saritulla; that two named eve witnesses out of the 3 in the First Information Report had not been examined by the prosecution; that there was land dispute between the parties and the occurrence took place for such disputes and there was no finding on the fact of deceased possessing the disputed land; and that there was non-compliance of the provision of section 313 Cr.P.C. by specifically examining the accused enabling them to explain each of the material circumstances appearing in evidence against them, which caused serious prejudice. Mr. Majumdar referred to us the evidence on record along with decisions of the Supreme Court on settled principles on the above points and submitted that evidence of P.Ws. 7 and 8 were not free from infirmities to act upon for basing a conviction. Learned Public Prosecutor Mr. C.R. De also argued on each of the points raised by Mr. Mazumdar backing with decisions. All these points will be scrutinised on its merit on the light of evidence on record.

(2.) 10 persons including the 6 (six) appellants faced the trial for the charges under Sections 148/302/149 of the Indian Penal Code by pleading not guilty in Sessions Case No. 19 (Dhubri) of 1985 arising out of G.R. Case No. 1050 of 1983, and in which the appellants have been convicted under those charges. They are sentenced to life imprisonment u/ss. 302/149 IPC and for 3 years imprisonment with fine of Rs.500/- under Section 148 I.PC. Hence this appeal.

(3.) Occurrence took place at about 10 A.M. on 5.6 153 and the First Information Report was lodged by Abdul Hussain Sheikh, son of deceased Surat Ali at Sukhchar Police Outpost at 7.25 A.M. of 6.6.83. This First Information Report (Ext. 1), on its face from its style and method of writing appeared to have been written by an expert hand knowing how to prepare a complaint. Mozaffar Hussain (P.W. 1) a resident close to Sukhchar Police Outpost wrote this first Information Report. 13 accused persons with their names and full particulars including the 6 appellants had been given in the F.I.R. by stating that they all came with falsa, LathisT, etc and attacked Surat Ali and his two sons while they were weeding paddy and jute cultivation on their land; and that they seriously assaulted Surat Ali and Jabirul Haque with falsa; that Informant ran away from the field out of fear for life. Surat Ali died while being taken to Sukhchar State Dispensary and Jahirul was admitted in that Hospital. Three eye-witnesses were named in the First Information Report and they are (1) Md. Nazu Sheikh. (2) Jalil Sheikh and (3) Md. Abu Bakar Ali (P.W. 5), The case being registered under South Salmara Police Station and investigation being completed by Shri Sorifal Hassan Sub Inspector of Police-cum-Officer-in-charge of Sukhchar Police Outpost (P. W. 10), Charge-sheet being submitted, accused faced the trial.