ASAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the conviction and sentences passed by the learned Addl. Sessions Judge, Nagaon, in Sessions Case No.30(N)/ 91, convicting the accused/ appellants Idrish Ali, Islamuddin alias. Pania & Inus AH U/S 302 IPC and sentenced each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/-, in default to undergo rigorous imprisonment for further one year; and also convicting accused Asaruddin and Tazu Fakir under Section 302/34 IPC, sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs. 1000/- each, in default to undergo further rigorous imprisonment for another year.

(2.) According to the prosecution, in the morning of 26th July, 1982, Md. Abdul Samed (since deceased) was ploughing in his field at village Dhania Bheti, Police Station- Dhing, District- Nagaon. At about 8-30 am. accused Islam Moral (since deceased), Innas Ali, Moijuddin, Idris Ali, Pania, Asar Ali and Tazu Fakir, went to the field armed with Lathi, Dao, Dagger, etc. When the accused reached the field, accused Islam Moral ordered the other accused persons to finish Abdul Samed. Then all the accused persons attacked Abdul Samed with their weapons consequent to which Abdul Samed sustained grievous injuries on his body. Abdul Samed thereafter stood-up and ran for a distance of about twelve feet, but then he again fell down on the field and died there. The occurrence was witnessed by Abdul Satter, Nurul Islam, Abdul Rashid and other villagers. The FIR was lodged by Abdul Satter (P W-4) at the Batadrava Police Out-post. The Police thereafter came to the place of occurrence, investigated into the matter and after investigation, submitted charge sheet against all the accused persons under Sections 147/148/149/302 IPC. On committal, the learned Addl. Sessions Judge framed charges under Section 302/34 IPC against all the accused persons. During trial, the prosecution examined six witnesses and the defence examined four witnesses. The informant, Abdual Satter, was examined as PW-4. He stated thai on the date of occurrence, he came to the house of Nur Islam, the son of the deceased, Who incidentally happened to be the nephew-in-law of the informant. Instead of taking the road, the informant was going through the field acid form a distance of about two hundred feet the saw six/seven persons quarreling with Abdul Samed in his land where Abdul Samed was ploughing. On coming nearer Abdul Satter saw accused Islam Moral, Idris Ali, Innas Ali, Pania, Moijuddin, Asar Ali, Tazu Fakir surrounding Abdul Samed. Accused Islam Moral ordered the other accused persons to kill Abdul Samed. Accordingly, accused Idris Ali and Pania alias Islamuddin caught hold of Abdul Samed and felled him down on the field. Then accused Innas Ali and Moijuddin gave dagger blows on the left side of Abdul Samed's chest. Accused Asaruddin was near the place of occurrence 'with lathi in his hands preventing other persons from coming to the place of occurrence for rescuing Abdul Samed. The informant (PW-4) stated accused Tazu Fakif was also near the place of occurrence looking at the incident. After inflicting the dagger blows, all the accused persons left the place of the occurrence. Abdul Samed who was then injured, tried to go home and after running about twelve feet, fell down on the field and expired. PW-4 on going near Abdul Samed, found that he had already expired. The witness named Nur Islam, Abdul Rashid and Hussen Ali Munshi, who were also) witnesses to the occurrence. Thereafter, he lodged the FIR before the Police at the Batadrava Police Out-Post. According to the witness, the Police came to the place of occurrence at about 1-30 pm and removed the dead body from the place of occurrence for Post-Mortem examination. In cross-examination, the witness stated that Tazu Fakir was not armed with weapons and that said Tazu Fakir did not cause any injury to Abdul Satmed, the deceased. The witness even stated that he did not ask the scribe to mention the name of Tazu Fakir as one of the assailants in the FIR.

(3.) P W-2, Nurul Islam, was the son of the deceased. Abdul Samed. At the time of occurrence, the witness was working in the paddy field of Hussen Ali Munshi, located adjacent to the place of occurrence, where his father was ploughing in his own field. The witness deposed that the accused persons came in a body, armed with weapons, to the place of occurrence and started altercation with his father. The witness stated that at the instance of Islam Moral, accused Idris Ali and Pania. overpowered his father by catching hold of his father's hands and forcibly felled his father down on the field. Then accused Innas Ali and Moijuddin, inflicted Dagger blows on the chest and back of his father. Nurul Islam (PW-2) further stated that accused Tazu Fakir and Asaruddin were standing near with lalhies in their hands preventing other persons from going to the place of occurrence to rescue; Abdul Samed. That after inflicting Dagger blows, all the accused persons left the place of occurrence. The witness also stated that his father thereafter stood-up, walked a few steps and fell down. When he went near his father, his father was dead. The witness deposed that accused Innas Ali had submitted a proposal for marrying his sister, Amina Khatun, but his father rejected the proposal and Amina was married off to some other person in some other village. One day when Amina came home from her husband's house, the accused kidnapped her as a result of which there was & village "Mel" and for that the accused had a grudge against the deceased. The witness stated that Innas Ali was the son of accused Islam Moral whereas accused Idris Ali was the brother of accused Innas Ali. He further stated that accused Asar Ali, Tazu Fakir and Moijuddin were uncles and cousin of accused Innas Ali. PW-2 deposed that the place of occurrence was about a hundred and twenty metres from his house. He further deposed about the presence of Abdul Satter and Hussen Ali Munshi, when they raised alarm.