BABUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Ajoy Kr. Phukan, learned Amicus Curiae appearing for the appellant from jail as well as Mr. K.C. Mahanta, learned P.P., Assam.

(2.) The appellant was convicted under section 302 read with section 25 (1-B) (a)/27 (33) of the Arms Act by the learned Adhoc Additional Sessions Judge No. 2, Kamrup, Guwahati in Sessions Cas.: No. 27 (K)/2002 vide judgment and order dated 24.3.2003 for committing the offence of murder of one Akbar Ali (hereinafter referred to as, 'the deceased') and also for using and possessing illegal fire arms and ammunitions used in the killing of the deceased and he was sentenced accordingly to undergo imprisonment for life and to pay a tine of Rs. 2,000.00 in default to R.I. for another 6 (six) months under section 302, I.P.C. and to undergo R.I. for 1 year and also to pay a fine of Rs. 1,000.00, in default to R.I. for three months under section 26 (1-B) (a) of the Arms Act as well as further R.I. for three years and to pay fine of Rs. 1,000.00 in default to R.I. for three months tinder section 27 (3) of the Arms Act.

(3.) It was alleged in the F.I.R. dated 7.4.1996 lodged by one Syed Azizur Rahman Dewan, P.W. 8 with the Rangia Police Station that around 8 p.m. on the said day i.e. 7.4.1996, the muster-roll employee Md. Akbar Ali, the deceased, who was on duty, saw the accused appellant loading a firearm (pistol) near Md. Chand Mohammad Ali's shop close to Moranjan Forest Check Camp on 31 National High Way and seeing that Md. Saifuddin Ahmed P.W. 2, another muster-roll employee, snatched a pistol with bullets away from the accused-appellant. Then the appellant fired at the deceased with another pistol which hit him and left him grievously injured. The deceased was admitted to G.M.C.H. where he succumbed to his injuries at on 17.4.1996 after about 10 days.