NOOR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. Sk. Noor Mohammad learned Amicus Curiae representing the appellant in jail. Also heard Mr. K. A. Mazumdar learned P. P. Assam.

(2.) THE appellant herein was convicted under/section 302 IPC by learned Addl. Sessions Judge, Dhubri by his judgment and orders dated 21. 1. 02 and 1. 2. 02 passed in Sessions Case No. 29/98, having found guilty of killing of two minor boys namely, Md. Faruk Hussain, aged about 10 years and Md. Hafizur Rahman aged about 11 years (herein after referred to as, 'the deceased') and sentenced the accused appellant to suffer rigorous imprisonment (R. I) for life and to pay a fine of Rs. 5,000/- in default to suffer R. I. for three months. In arriving at the findings to render the impugned conviction and sentence as indicated above, the trial Court basically based on the circumstantial evidence revealed from the testimony of as many as eight witnesses so examined by the prosecution including the doctor (PW-7 ).

(3.) IT was alleged in the Ejahar lodged by Noor Hussain Khandakar (P. W. 1) on 11. 11. 97 with Police of T. O. P, Dhubri College Road under Dhubri Police Station that around 3 p. m. on 10. 11. 97 (yesterday) his son Faruk Hussain and Hafizur Rahman alias Bhebal Sheikh, son of Alauddin, a resident of same village, went to Khajanapuri 'beel' for fishing, As they did not return till evening, he alongwith some villagers went in search of them. After long search they found the dead bodies of them in a paddy field. Somebody felled them there, after killing them brutally.