MAKHAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order, dated 18.4.2001, passed by learned Sessions Judge, Nalbari, in Sessions Case No. 32/99 convicting the accused-appellants under Section 302 of I.P.C. and sentencing each of them to suffer imprisonment for Life and to pay fine of Rs. 5,000/- (five thousand) and in default, to suffer Rigorous Imprisonment for a further period of 6 (six) months.

(2.) The case against appellants, as unfolded at the trial, may, in brief, be stated as follows :- On 28.05.97, at about 6 A.M., when Abdul Hussain, Tamij Ali, Bhebla Ali and Mohibur Ali were proceeding to-wards their paddy field for the purpose of ploughing the same, accused persons, namely. Mantaj Ali, Nur Hussain Ali, Mafil Ali, Majib Ali, Juhur Ali, Mohammad Ali, Siraj Ali, Oaj Ali, Makhan Ali. Bapun Ali, Khabir Ali, Atar Ali, Mohammad Ali, Akhar Ali and Soriful Ali, who were all biding inside an abandoned homestead land armed with weapons, came out of the same and attacked the said four persons. In the assault, which so took place, Bhebla Ali and Tamij Ali got seriously injured and they were taken to Nalbari Civil Hospital. Abdul Hussain aforementioned, then, lodged a written ejahar, on 28.05.97 itself, and treating the same as F.I.R., Nalbari Police Station Case No. 123/97 Under Sections 341/326/34 I.P.C. was registered against the 15 (fifteen) accused aforementioned. As Bhebla Ali succumbed to his injuries at the hospital, the said case was registered under Section 302 I.P.C. also.

(3.) After usual investigation, police submitted chargesheet Under Sections 302/341/326/34 I.P.C. against 14 (fourteen) accused persons, namely, Mantaj Ali, Nur Hussain Ali, Mahfil Ali, Majib Ali, Mohammad Ali, Siraj Ali, Owaj Ali, Makhan Ali, Bapun Ali, Atar Ali. Mohammad Ali, Akher Ali, Soriful Ali and Khairab Ali showing the latter three persons as absconder.