MD SUKUR AU Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant stands convicted u/s 302 IPC and sentenced to undergo imprisonment for life by Sessions Judge, Goalpara in Sessions Case No. 83 (G) 86, decided on 4-9-1995.

(2.) Exactly thirteen years ago from today (19-3-1997), on March 20th 1984, around 8 A.M., a quarrel took place between P.W. 4 Somiran Khatun, the daughter of the deceased Fatik Ali, and mother of the accused Somiran who was joined by her daughter-in-law Hajera (wife of the accused) and Akai. Although according to the FIR Ext. 1, the place of occurrence is shown to be the house of the complainant, the trial Court has found it as fact that there was no material to hold that the incident occurred in the complaints house. It was the courtyard, according to some witnesses (P.Ws. 6. 7 and 8). The 1.0. is silent about it in his evidence. The fact remains that the accused-appellant in the midst of quarrel that was going on came with a Shabbal a crowbar and dealt a blow on the head of the deceased, which proved fatal.

(3.) The appellant along with four others, namely, (1) Somiran Bewa, (2) Hajira Khatoon, (3) Akai Bibi and (4) Tuna Khatoon Benda Khatoon were charged and tried for offences punishable u/ss 47, 448, 302/149, 323/149 IPC, while other accused including the appellant have been acquitted by the trial Court of all the charges framed against them, it is only the appellant who has been convicted u/s 302, IPC and sentenced to undergo imprisonment for life with fine of Rs. 1,000/- and in default of payment of fine to suffer three months R.I.