KITAB ALI TALUKDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard learned counsel, Mr. M.H. Ahmed for the appellant and learned Addl. P.P., Ms. S. Jahan for the State-respondent.

(2.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge, Bajali in Sessions Case No.272/2013, whereby, the learned Sessions Judge convicted the appellants under section 302 IPC read with Section 34 IPC and sentenced them to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(3.) As per prosecution case on 05.06.2001 at about 7.30 pm, when the deceased (brother of the informant) was going to the house of his grandfather, the present appellant along with co-accused Nazimuddin accosted the deceased. The present appellant pressed the neck of the deceased and the co-accused Nazimuddin stabbed on the chest of the deceased with a sharp knife. Hearing alarm raised by the deceased, the informant (PW-1) rushed to the place of occurrence and tried to hold the deceased, who gradually became unconscious and died. On being asked by the PW-1 as to who had inflicted the injury, the deceased told that it was done by the accused persons. The FIR (Ext.-1) was lodged by PW-1, Sabed Ali, on the basis of which, police registered Barpeta PS Case No. 318/2001 u/s 302/341 IPC and commenced investigation. In course of investigation, the statement of the witnesses were recorded, inquest report was prepared by Sub-Inspector of Police, Ratan Bhuyan and the body was sent for post mortem examination. Dr. Jogendra Nath Das (PW-5) conducted the post mortem examination on the body of the deceased.