ABDUL HAMID Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellants Abdul Hamid and his 2 (two) sons Izzat Au and Idrish Au had been convicted under sections 302/34 and 323 of the Indian Penal Code by the learned Sessions Judge, Nagaon in Sessions Case No.1 (N.M) of 1984 and sentenced to undergo rigorous imprisonment for life.

(2.) The occurrence took place at about 3-00 a.m. on 16-8-1981. Fakaruddin was murdered at the ban of Naramari-Beel (Lake) near the house of accused persons. Fakaruddin with his nephew Rustom Au planted angles for catching fish in that Beel, in that night. They were sleeping at some distance on the bank of the Beel. Hearing sound of fish hooked in the angles, Fakaruddin proceeded to catch it. The prosecution case was that at that time all the three 3) accused persons caught hold of Fakaruddin and assaulted him with deadly weapons resulting his death, and that Rustom Au was also assaulted by accused Izzat All. First Information Report was lodged by Samsher Au at about 5-30 a.m. of 16-8-1981.

(3.) It was stated in the First Information Report that the three (3) accused persons attacked Fakaruddin and Rustom Au at about 3-00 a.m. while they were angling in the Beel; that Rustom Au fled from that place and reported about the occurrence; that immediately Samsher Au, Asbar Au, Soban Au, Ashar Au, and others proceeded to the house of accused persons and there they heard the cry of Fakaruddin in the jute field near the house of accused where they found Fakaruddin lying with grievous injuries; that on being asked, Fakaruddin said T1the accused persons (named three) fled away after injuring him with sharp weapons ; that Fakaruddin died at about 5-00 a.m. while being carried to Lahorighat Hospital. A very significant fact may be mentioned that there was no indication in the First Information Report that the informant or his companions namely, Asbar Au, Soban Au and Ashar All could see any of the accused near the place of occurrence or going away from the place of occurrence or recognising them.