AHMED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal arises out of judgment dated 24.6.96 delivered by learned Sessions Judge. Lakhimpur in Sessions Case No. 123 (NL)/ 94, thereby holding the accused-appellant, guilty of offence punishable U/S 302 read with Sec 149 IPC and sentenced them to undergo imprisonment for life with fine of Rs 1000/- each or in default of payment of fine to suffer six month's imprisonment. Aggrieved by the same, the accused appellants have preferred this appeal.

(2.) Prosecution case stated in brief was that on 4.4.89 (which happened to be a market day of the area) around 10-30 AM Habibur Rahman (deceased) while he was sitting in a tea stall belonging to one Abdul Latif, situated at Sonapur Chariali, he was attacked by the accused-appellants along with three others (two of whom have since been acquitted by the trial court and no State appeal) has been preferred against such acquittal and the third one, namely, Kubed Ali was not charge-sheeted and sent for trial by the police), who intruded in the stall being armed with weapons like dao and started assaulting Habibur Rahman, the owner of the tea stall. P.W.-6 Abdul Latif immediately took to his heels while others in the neighbourhood, who rushed to the stall on hearing hulla could only find the injured in a precarious condition but none of them claim to have seen the accused.

(3.) It was P.W.-2 Saidur Rahman, who lodged the ejahar at Police Station Bihpuria which resulted in registration of a case u/s 148/ 448/302 IPC , investigated by P.W.-7, Sahrab Ali. On completion of investigation the accused appellants along with two others (since acquitted) were put up for trial. Prosecution examined 7 witnesses in support cf the charge. The defence stand taken by the accused was one of false implication. The trial court however rejected the same as found them guilty and convicted as already noted above. Hence this appeal.