MD. ALI RAJA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and order dated 24.6.2008 passed by the learned Addl. Sessions Judge, (FTC) Hojai at Sankardev Nagar in Sessions Case No. 67(N)/07 by which both the accused/appellants have been convicted under Section 302, IPC and sentenced to undergo RI for life and to pay fine of Rs. 1,000 each and in default, to undergo RI for six months.

(2.) THE criminal case against the accused/appellants was set to motion with lodging of the FIR on 9.9.2005 with the Officer -in -Charge, Daboka Police Station. The FIR was lodged by one Smt. Kulshuma Begum (PW1). As per the FIR, the accused/appellants along with another Md. Asir Ali took the deceased away from his home at about 10 P.M. on 8.9.2005. While taking away the accused Md. Asir Ali stated that they had some special matter to discuss. The deceased who was the husband of the informant did not return home and in the morning at about 5 A.M. the informant went to the house of the accused Md. Asir Ali. She found the dead body of her husband with grievous injuries in the paddy field near the house of the said accused. In the FIR it was further stated that she came to know that her husband was murdered by the accused persons named in the FIR who are the present appellants and said Md. Asir Ali husband of the accused appellant in Criminal Appeal No. 115(J)/08.

(3.) THE prosecution examined 5(five) witnesses and the defence examined 6 (six) witnesses. The statements of the accused under Section 313, Cr.PC were also recorded.