ABDUL KUDDUS ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE two accused-appellants have been convicted under Section 302 read with Section 34 of the Indian Penal Code by the judgment and order dated 15. 7. 2006 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 43/05. Aggrieved by the aforesaid conviction and sentence imposed, this appeal has been filed.

(2.) THE prosecution case in short is that at about 4. 15 p. m. of 4. 4. 1999, P. W. 3, Md. Tale Mia lodged a F. I. R. in the Barpeta Police Station stating that Md. Jaher Ali and Sattar Ali, both sons of Kuddus Ali and Kuddus Ali, son of Hajrat Ali had assaulted one Akbar Ali with a 'lathi' and when the aforesaid person had fallen down on the ground the aforesaid accused persons had killed him by stabbing him in his head with a spear, as a result of which, Akbar Ali died on the spot. In the F. I. R. filed, it was also mentioned that the wife of Kuddus Ali one Sahera Khatun had supplied the arms to the accused persons at the place of occurrence.

(3.) ON the basis of the aforesaid F. I. R. , Barpeta P. S. Case No. 272/99 under Sections 302/34 IPC was registered. In the course of the investigation, the police visited the place of occurrence, prepared a sketch map of the place of occurrence, carried out certain seizures and recorded the statements of a large number of persons. Inquest was held on the dead body which was also sent for post mortem examination. At the conclusion of the investigation, chargesheet was submitted against Kuddus Ali, Hayet Ali, Sattar Ali and Sahera Khatun. The offence alleged being triable exclusively by the Court of Sessions, the learned CJM, Barpeta by the order dated 19. 5. 2005, committed the case to the Court of Sessions at Barpeta.