ABUL KALAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. HRA Choudhury, learned senior counsel assisted by Mr. A Ahmed, learned Advocate appearing for the appellants. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam and Ms. M Barman, learned counsel for the informant/respondent.

(2.) These two appeals arose out of the judgment and order dated 27.01.2018 passed by the learned Addl. Sessions Judge, Dhubri in Sessions Case No.161/2006 and therefore, we propose to dispose of both the appeals by this common judgment. By the impugned judgment, learned Addl. Sessions Judge convicted the appellants under sections 148/302 IPC read with section 149 IPC and sentenced them to imprisonment for life and fine of Rs.1,000/- each with default stipulation u/s 302 IPC and imprisonment for 1 (one) year u/s 148 IPC.

(3.) As per the prosecution case, on 05.06.2002 at about 8.30 am, when the informant, his father, Ohedur Rahman, Karimuddin and the deceased Jasijul Hoque were going towards the Pipulbari Bazar, the four accused persons named in the FIR along with some others attacked the deceased Jasijul and inflicted injuries with 'dao'. Initially the accused Baten Seikh hit the deceased, causing injuries and thereafter the appellants Azgar Seikh and Kalam Sk. also inflicted injuries to the deceased with dagger and after committing the offence, both of them left the place. Initially a GD entry was made on the basis of information given by one Kadam Ali followed by the FIR (Ext.-1) lodged by PW-7 Rafiqul Islam. On the basis of the FIR lodged by PW-7, Rafiqul Islam, the police registered Mankachar PS Case No.84/2002 and commenced investigation. In course of investigation, police recorded the statement of the witnesses under section 161 Cr.P.C., got the inquest report prepared, send the deceased for post-mortem examination and on completion of investigation, laid charge-sheet against 9 (nine) accused persons including the present appellants. One of the accused, namely, Baten Seikh died during pendency of the trial and eventually 8 (eight) accused persons stood trial.