MD FARJUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MH Choudhury, learned counsel assisted by Mr. MK Choudhury, learned counsel and Ms. S Bhuyan, learned Amicus Curiae for the appellant. Also heard Ms. S Jahan, learned Addl. PP, Assam and Ms. A Bora, learned counsel for the informant/respondent No.2.

(2.) These two criminal appeals arose from the judgment and order passed by the learned Sessions Judge, Sonitpur at Tezpur in Sessions Case No.298/2015 are taken up for hearing and disposal by this common judgment. By the said judgment, learned Sessions Judge convicted the appellants under section 447/323/324/302/34 IPC and sentenced them to imprisonment for life under section 302 IPC, Simple Imprisonment for 1 (one) month under section 447 IPC, Simple Imprisonment for 2 (two) months under section 323 IPC and Simple Imprisonment for 3 (three) months under section 324 IPC. The appellants were also sentenced to fine of Rs.1,000/- in default to Rigorous Imprisonment for 1 (one) year under section 302 IPC.

(3.) As per the prosecution case, on 05.09.2009 at about 5.00 pm, five accused persons including the present appellants trespassed into the house of the informant Monowara Begum being armed with stick, dao and other sharp cutting weapons and assaulted the informant, her husband Sirajul Haque (deceased), her son Abu Nasar, and sister Sufia Khatoon and thereby caused injury to all of them. Later on, Sirajul Haque succumbed to his injuries. An FIR was lodged by Monowara Begum (Pw-1), on the basis of which, police registered Dhekiajuli PS Case No.284/2009 under sections 447/325/326/302/34 IPC. In the course of investigation, police recorded the statement of the witnesses, seized incriminating articles including the weapons of offence, prepared the inquest report and sent the body for post-mortem examination. The post-mortem examination of the body was conducted by Doctor Tek Bahadur Chetry and the injured were examined by Dr. Bhaskar Jyoti Das.