SHIYAB UDDIN Vs. STATE OF ASSAM AND ANR

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel appearing for and on behalf of the appellant as well as Mr. D. Das, learned Addl. P.P., Assam representing the State respondent.

(2.) This appeal is preferred against the judgment and order dated 18.12.2015, passed by the learned Addl. Sessions Judge (FTC), Karimganj in Sessions Case No.43/2007, whereby the learned Addl. Sessions Judge convicted and sentenced the accused/appellant under Section 304 (Part II) of the IPC, to undergo Rigorous Imprisonment (R/I) for a period of ten years along with fine of Rs. 25,000/- and in default of fine, further R/I for a period of one year.

(3.) The case of the prosecution in nutshell is that, in the morning of 01.05.2006, informant Abdul Rashid's eldest and youngest sons namely Jamal Uddin and Ajim Uddin who had gone to the Sanibari Bazar for the purpose selling 'jhinga' (ribbed gourd), were returning with their bicycle after selling out the same. At about 9:30 a.m., when they arrived at the place of occurrence by the name Handirmukh/Baliuni, accused persons namely Shiyab Uddin (present appellant), Helal Uddin, Abdul Razak and Abdul Bosa in a pre-planned manner started to quarrel and abuse them in filthy language on a false pretext. The said accused also got agitated and with intent to kill the informant's elder son (Jamal Uddin), started assaulting him furiously with rice-stick. As a result, serious injuries were caused to his head, hand and leg. As the situation started to get worsen his youngest son (Ajim Uddin) ran down to his house and informed about the occurrence. Having heard him scream the nearby people rushed and gathered in his house and learnt about the occurrence. In the meanwhile, police visited the place of occurrence and sent the injured to Karimganj Civil Hospital for treatment. It has also been alleged that the accused had stolen away the two bicycles of the informant's sons.