Decided on August 19,1994

HAZARAT AH Appellant
STATE OF ASSAM Respondents


Neelam J. - (1.)1. This appeal is directed against the judgment of conviction and sentence so passed by the learned Sessions Judge, Nalbari on 13.9.93 in Sessions Trial No. 34(N) of 1989, by virtue of which all the above-named accused-appellants are convicted under Section 302 read with Section 34 of the Indian Penal Code and they are sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.2,000/- (Two thousand) each in default to undergo rigorous imprisonment for two years.
(2.)The case of the prosecution, in short, as given by the first informant Sabi Banu Bibi @ Safura Begum the mother of the deceased who figures as PW1 (ejahar Ex.1) is that in her native village No.3 Kalipur under Tamulpur Police Station at about 5.0 Clock in the morning on 12.10.1987 when her son Baharul Islam had gone to ease himself, all the accused-appellants variously armed seriously injured him by piercing deadly weapon in his chest and abdomen and when he raised alarm the miscreants fled away. The names of the accused-appellants are so detailed in the ejahar with the deadly weapons to be seen in their hands by the first informant at that time.
(3.)On the basis of the ejahar, initially the case was so registered under Sections 147/324/326 IPC when it was so converted into Section 302 IPC because of the death of Baharul Islam taking place the same day in the evening hours in the Gauhati Medical College hospital in course of treatment. In course of trial when the case record was so committed to the Court of Sessions it transpires that altogether 13 PWs have been examined out of whom some of the witnesses are on the point of assault and others on the point of locating the appellants fleeing away and so far as PWs 4, 5 and 9 are concerned, they are also on the point with regard to Bahar Ali since deceased making a statement before them just after the occurrence at the plaoe of occurrence itself which is near Kalipur No.3 chowk near a drain, of particularly the appellant Hazarat Ali stabbing him seriously and it is claimed that this statement was so given by Bahar Ali, in expectation of his imminent death so hanging because of the serious injuries sustained by him. The learned Sessions Judge, it transpires, after evaluating the evidence on record oral and documentary, came to the conclusion that the prosecution in course of trial had established the guilt of accused- appellants facing trial with regard to their committing intentionally the death of Bahar Ali in furtherance of their common intention. This will not be out of place to mention that one Tazir Ali was also initially an accused who died during the pendency of the trial. After convicting the accused-appellant U/S. 302/34 IPC they have been sentenced as detailed above.

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