HASMAT ALI AND ANR. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mrs. S.D. Baruah, learned Amicus Curiae appearing for the Appellant from jail well as Mr. K.C. Mahanta, learned P.P., Assam.

(2.) Both the Appellants from jail have challenged their conviction under Sections 302/34, Penal Code and sentence to undergo imprisonment for life and to pay a fine of Rs. 1000.00, in default to undergo three months further Rigorous Imprisonment (for short, 'the R.I.') so imposed by the learned Session Judge, Karimganj by his judgment and order dated 19.1.2002 passed in Session Case No. 31/98.

(3.) PW-1 Adbul Latif, the father of Majiruddin (hereinafter referred to as, the deceased) lodged an FIR with the Ratabari Police Station on 22.5.97 alleging that around 7 a.m. on 21.5.07 (Yesterday) the accused persons/Appellants attacked his son-the deceased while he was sitting in front of the shop of Farjan Ali (not examined by the prosecution) and watching fishing thereon. The Appellant No. 1 Hasmat Ali, according to the informant (PW-1) hit his son with lathi where the other accused-Appellant No. 2 Ajmat Ali kicked the deceased and dealt him fist blow on other parts of the body, causing injuries. Accordingly, the police registered a case under Sections 325/307/34, Penal Code. However, two days after the deceased died due to such injuries and the police added Sec. 302, Penal Code. The police filed the charge-sheet against the 2 accused persons under Sections 302/325/34, Penal Code on completion of the investigation.