STATE OF ASSAM Vs. MUHAMMAD ABDUL JALIL

JUDGEMENT

(1.) THE appeal is directed against the judgment and order dated 8. 8. 2002 passed by the learned Sessions Judge, Morigaon, in Sessions Case No. 30 of 1999. By the aforesaid order the learned Sessions Judge has acquitted the respondents in the appeal of the charge under Section 302, IPC. Aggrieved by the said acquittal the State is in appeal before this Court.

(2.) THE case of the prosecution in short is that a FIR was lodged in the Moirabari Police Station under Morigaon District by one Md. Nazrul Islam (PW 3) stating that at about 7. 00 A. M. of 17. 3. 97 while the father of the informant, one Keramat Ali Maral, was having tea in the tea stall of Sri Dilip Modak at Moirabari Bazar, at that time accused Nos. 1 to 6 named in the FIR entered the tea stall. Thereafter, the accused Nos. 2 and 3 fired at Keramat Ali with a pistol while the other accused injured the aforesaid Keramat Ali by stabbing and hacking him with daggers and sword etc. In the FIR filed it is further stated that on account of the assault committed and the injuries sustained Keramat Ali died on the spot. It is further stated that the first informant along with five witnesses named in the FIR were present at the spot and when they had tried to offer resistance they were threatened with pistols as a consequence of which they had to flee away from the place of occurrence. In the FIR filed it was specifically alleged that the incident took place at the instigation of accused Nos. 7, 8 and 9.

(3.) IN support of its case the prosecution examined as many as 9 witnesses whereas the defence examined one witness. At the conclusion of the trial the learned Sessions Judge by order dated 8. 8. 2002 convicted the accused Mofizuddin Islam and Abdul Rahim Faruqi under Section 302, IPC and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 1000/- each in default R. I. for another six months. The remaining five accused i. e. (1) Abdul Jalil, (2) Abdul Rashid, (3) Giasuddin Muktar, (4) Samsul Haque and (5) Imdadul Islam were acquitted by the learned Sessions Judge on benefit of doubt. Accused Rahul Amin was declared an absconder. It is the correctness of the said view that has to be determined by us in the present appeal.