ALFRED HUSSAIN @ ABUSARIF Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. A. Ahmed, learned counsel for the petitioner and Mr. D. Das, learned Addl. P.P. for the State/respondent.

(2.) Present appeal under Section 374 Cr.P.C. is preferred challenging the judgment and order dated 29.03.2016 passed by the learned Addl. Sessions Judge No.-I, Nagaon, Assam whereby the learned court has convicted the accused-appellants under Section 304-I of IPC read with Section 34 of IPC and sentenced them to undergo rigorous imprisonment for 10 years and also to pay fine of Rs.500/- each, in default, further rigorous imprisonment for 1 month and also rigorous imprisonment for 1 month for the offence under Section 323 IPC against one accused-appellant along with the above mentioned Sections of IPC.

(3.) The prosecution case, in brief, is that on 07.12.2001 one Md. Fakrul Islam lodged an Ejahar before the O/C of Dawgaon Police Petrol Post alleging that on 7.12.2001 at 9:00 AM, while his brother Md. Jehirul Islam was returning back from paddy field, after being reached at the courtyard of the accused persons, Md. Saiful Islam came out from the house and assaulted his brother from behind by means of spear (jathi). On hearing hue and cry of Jehirul, he went there and caught his brother and then other accused persons assaulted his brother on his head with dao causing grievous injuries. It is further alleged that when Rafiqul Islam brother of the informant went to resist them, they also assaulted him causing grievous injuries. Thereafter, victim Jehirul was shifted to civil hospital, Nagaon wherein he was declared dead and other victim Rafiqul was admitted to hospital for treatment.