HASMAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. C.R. De, learned counsel for the appellant and also heard Mr. B.B. Gogoi, learned Additional P.P., Assam.

(2.) This appeal has been preferred against the judgment and order dated 25.6.02 passed by the learned Additional Session Judge (Ad hoc), Barpeta in Sessions Case No. 103 of 2000, convicting the appellant under Section 304, Part-I IPC and sentencing him to undergo R.I. for seven years and to pay fine of Rs. 500/-, in default, to pay fine, to suffer further R.I. for 15 days.

(3.) The prosecution case in brief, is that on 30.10.1997 at about 7 a.m. when Ibrahim Ali, deceased, was going to the house of his mother's sister, the accused appellant intercepted him near the L.P. School No. 200 at Hudukhata Naukhali and inflicted piercing injury with weapon like sharp knife and left him injured. Md. Samsul Ali, the maternal uncle of the deceased Ibrahim Ali, lodged FIR with the Patacharkuchi P.S. and registered a crime being Patacharkuchi P.S. Case No. 226 of 1997 under Sections 341/326 IPC Investigation started and in the meantime, the injured Ibrahim Ali succumbed to his injuries. The prosecution made a prayer for adding Section 302 IPC, which was allowed by the learned SDJM, Bajali. On completion of the investigation, Police submitted Charge Sheet against accused/appellant Hasmat Ali under Sections 341/302 IPC. The case was committed to the Court of learned Sessions Judge whereafter charges were framed against the accused appellant under Sections 341/302 to IPC. On charges being explained, the accused-appellant pleaded not guilty and claimed to stand trial.