SOBOR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these appeals arise out of the same Judgment and Order dated 22.12.2016 passed by the Additional Sessions Judge, Cachar in Sessions Case No. 91/2009 and are accordingly taken up for disposal analogously. So far as Criminal Appeal No. 33/2017 is concerned, the appellants are Md. Sobor Ali, Md. Mohoram Ali, Md. Hussain Ali Laskar @ Hussain Ali and Md. Moinuddin Laskar @ Moinuddin whereas Criminal Appeal No. 41/2017 is concerned, the appellants are Abdul Motlib Laskar @ Boguri, Motlib Ali and Jalaluddin @ Jalaluddin Borbhuyan. By the impugned judgment, the appellants are convicted u/s 148/149 of the Indian Penal Code and sentenced to suffer Simple Imprisonment for 6 months; for the offence u/s 323/149 of the IPC to suffer Simple Imprisonment for 3 months; for the offence u/s 324/149 of the IPC to suffer Simple Imprisonment for 1 year and for the offence u/s 302/149 of the IPC to suffer sentence of imprisonment for life and also to pay a fine of Rs. 3,000/- only each in default to undergo Simple Imprisonment for 6 months. The sentence of imprisonment was to run concurrently.

(2.) A brief narration of the facts of the case can be put in the following manner:

(3.) One Md. Kala Raja Laskar (PW-2) had lodged a written ejahar on 29.08.2003 before the Dholai Police Station alleging, inter aila, that on the previous day at about 11 AM, 18 nos. of the named accused-persons armed with spears had trespassed on their house in a group and kept them confined. When the informant and the other family members raised hue and cry seeking help, some neighbours tried to rescue but nothing could be done. At about 8 PM, the accused-persons started pelting stones at the house and finding no other way out, the elderly woman - Nepurjan Bibi approached the accused-persons to spare the lives of the informant and his family. At that time, the accused no. 1 inflicted a forceful blow on her chest with a spear (lenza) causing instantaneous death. The accused No. 11 also caused rigorous injuries to the wife of the informant with blow by spear while she was carrying her child on her lap.