ASIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 10.01.2005, passed in Sessions Case No. 24 (DM) of 2001, the appellant herein, namely, Md. Asir Ali, stands convicted under Sections 302 and 457 IPC and sentenced, for his conviction under Section 302 IPC, to suffer imprisonment for life and also to suffer, for his conviction under Section 457 IPC, imprisonment for a period of one year with fine of Rs. 1,000/- and, in default of payment of fine, suffer imprisonment for a further period of one month, the sentences having been directed to run concurrently.

(2.) The case of the prosecution, as unfolded at the trial, may, in brief, be described thus : On 28.01.1992, at about 1.30 am, Asir Ali (i.e., the accused-appellant herein), accompanied by Md. Rafiul Hussain and Sirajul Hussain, broke open the door of the house of Jalil Ali (since deceased) by cutting the same with an axe. On coming inside the house, the appellant, along with Md. Rafiul Hussain and Sirajul Hussain, entered into that room, wherein Jalil Ali (since deceased) was sleeping. Jalil Ali, had two wives, namely, Lehertun Begum and Mabia Begum (since deceased). Both the wives of Jalil Ali were also sleeping in the room, where Jalil Ali was sleeping. The appellant assaulted Jalil by dagger and axe. When deceased Jalil's said two wives tried to save their husband, they too were assaulted. Some of those, who had come to the said house along with the appellant, surrounded the house so that the neighbours cannot come in. They tied Jalil's son, Tafazzul (PW 1), to a post with a rope and assaulted him with a lathi. In the lamp, which was lying lit inside the room where Jalil was assaulted, the assailants were recognized by Jalil's wife, Lehertun (PW 5). Immediately after the assailants' left, Faizal (PW 2), another son of Jalil, who had run away from the place of occurrence, Naushad Ali (PW 3), a close relative of Jalil, came to the said house and were told by Jalil that Asir Ali was present amongst the assailants. Immediately after the witnesses had arrived, Jalil succumbed to his injuries. Both his wives were taken to hospital, where they were treated. After about six months of the occurrence, Jalil's wife, namely, Mabia Begum, died. However, Jalil's other wife, Lehertun Begum (PW 5), has survived. On receiving an information on 28.01.92, at about 4 pm, that a dacoity had place at the house of Jalil, the police came, held inquest over the dead-body, seized the broken door and also the lamp. On completion of investigation, police laid charge-sheet against the present appellant and the two others, namely, Rafiul and Sirazul, under Sections 457/324/302/34 IPC.

(3.) During trial, charges, under Sections 457, 302 and 324 read with Section 34 of the IPC, were framed against all the three accused, namely, Asir Ali, Rafiul Hussain and Sirajul Hussain. To the charges so framed, all the accused pleaded not guilty.