MD HASAN RAJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 17.12.93 delivered by the Sessions Judge, Hailakandi in Sessions Case No. 11/92 thereby holding the appellant guilty of offence punishable under Section 302 IPC as also u/s 323 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 2000/-. The appellant has been sentenced to pay fine of Rs. 200/- or in default to undergo one month R.I.

(2.) The appellant was tried along with 5 others namely Nurul Haque, Teraban Bibi, Abdul Latif, Abdul Majid and Abdul Sattar for offences punishable under Sections 148/ 341/302 IPC read with Sections 149/323 read with Sec. 149 IPC. Except for the accused-appellant others have been acquitted of the charges by the trial Court. Nurul Haque has been found guilty of offence punishable under Section 323 IPC and sentenced to pay fine of Rs. 200/-. There is no State appeal against the acquittal as regarded by the trial Court. The present appeal has been preferred by Hasan Raja and Nurul Haque. They are father and son.

(3.) Prosecution case as stated in brief was that a few days prior to the date of incident i.e. 19.5.87 there was a religious congregation in the village Mosque of Bandukmara. Both the accused as well as the prosecution witnesses were present at the said congregation where an amplifier was used for religious sermons. It is alleged that Nurul Haque had snapped the wire connecting the amplifier. The deceased Moinul Haque had given a few slaps do Nurul. A few days after this incident Moinul Haque had gone to fetch timber for the Mosque from near the house of one Siddique AH. His brother Safiquddin was rearing cattle in his homestead. As Moinul neared the house of Hasan Raja, he was caught and hit on the head with a piece of fire wood by Hasan Raja. Moinul fell down. Hasan Raja was accompanied by his wife Teraban Bibi and son Abdul Majid who was carrying Dao and Lathi. Abdul Latif dealt a lathi blow to Laloo Mia PW-4. The injured Moinul was rushed to hospital and lateron shifted to Silchar Medical College where he breathed his last.