CHAND MOHAMMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) The conviction of the appellant under Section 302 of the Indian Penal Code (hereinafter, also referred to as the 'Code'), recorded by the Judgment and Order dated 21.12.2005 of the Additional Sessions Judge, Kamrup, Guwahati in Sessions Case No. 29 (K) of 2004, thereby sentencing him to suffer Rigorous Imprisonment for life and to pay a fine of Rs.10,000/- and in default to undergo Rigorous Imprisonment for another 1 (one) month, is under challenge in the present appeal. By the aforementioned Judgment and Order the other 2 (two) co-accused, namely, Md. Mirjahan Ali and Md. Moinul Ali stood acquitted of the charges.

(2.) We have heard Mr. J. M. Choudhury, Senior Advocate assisted by Mr. B. M. Choudhury, learned Advocate for the appellant and Mr. Z Kamar, learned Public Prosecutor for the State.

(3.) The prosecution case opens with the FIR dated 1.12.1999 lodged with the Officer-In-Charge of Hajo Police Station by one Md. Yusuf Ali, a resident of Agyathuri, within the territorial limits of the aforementioned Police Station in the district of Kamrup. It was alleged therein that about at 2:30 p.m. on that date while the deceased Mr. Nur Mohammad was working in a paddy field, the appellant along with the co-accused named hereinabove trespassed thereinto being armed with sharp weapons like dao etc. and collectively attacked him due to boundary dispute of land thus causing grievous injury in his neck and hands. Thereafter, the injured was taken to the Gauhati Medical College Hospital for treatment, where he succumbed to the injuries sustained.