MD HASEN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appear arises out of judgment dated 8.7.94. delivered by learned Sessions Judge, Dhubri in Sessions Case No. 97/92, thereby holding the appellants guilty of offence punishable under Section 302 IPC and sentencing them to undergo imprisonment for life with a fine of Rs. 2000/- each, or in default of payment of fine to suffer 6 month's R.I.

(2.) Prosecution case stated in brief was that on 27.10.88, around 11-00 A.M. in broad day light when Insan Ali Sarkar (deceased) was on his way home from the market, was suddenly attacked with sharp weapons by the accused appellants along with three others, namely, Sahed Ali, Mograb AH and Makbul Hussain, since acquitted by the trial Court and there is no State appeal against the acquittal. Insan Ali died on the spot and the accused took to their heels. On coming to know of his father's murder, Jadhiruddin Sheikh. P.W.-l immediately lodged an FIR, Ext. I at Police Station, Dhubri which resulted in Registration of a case under Sections 147/302 IPC. According to this FIR, Ext. 1 apart from the five accuseds, forwarded for trial as named above, there were three others, namely, Md. Danej Ali, Md. Kader Ali and Md. Manta Sheikh and the FIR further mentions that there were some more accused persons.

(3.) The case was investigated by P.W.- 16 Alimuddin Ahmed, who on receiving the FIR, Ext. 1, proceeded to the spot, held an inquest report and seized the blood stained clothes of the deceased vide seizure memo, Exts. 8 and 9. The dead body was sent for post-mortem examination which was conducted by P.W. - 14, Dr, Kulcndra Nath Deka, who found the following injuries :