NAR JAMAL Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 30.8.95 passed by the Additional Sessions Judge, Nagaon in Sessions Case No. 24 (N) 91 thereby holding the appellant guilty of offence punishable under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 500/-, or in default in payment of fine to undergo 1 month R. I.

(2.) Prosecution "case stated in brief was that on 21.5.83 around 12'00 in the forenoon the accused appellant along with others (since absconding) assaulted Arabuddin and his wife Rahima Khatun by means of a dagger. Both of. them sustained injuries. The incident was reported to the police on the basis of which a case u/s 148/149/324/326 IPC was initially registered at P.S. Dhing. Arabuddin succumed to the injuries on the same day, as a result the case registered is converted to one u/s 302 IPC and taken under investigation by PW 7. Till the stage of committal one of the accused Kalimuddin was absconding and as such he could not be committed to stand his trial at the Court of Sessions. As per the FIR Ext. I names of two other accused were not mentioned, although the PW 3 Feroza Begum is emphatic in her assertion that she had named all the four accused whom she had seen assaulting her father and mother. On completion of investigation the accused was charged and tried for the above offences. The trial Court as noted above, found the appellant guilty of the offence charged and sentenced him imprisonment for life. Aggrieved by the same, the present appeal has been preferred.

(3.) We have heard Mr. F. H. Laskar, learned counsel for the appellant and Mr. B. D. Goswami appearing for the respondent State.