ZAKIR HUSSAIN AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) The judgment and order, dated 31.7.2013, passed by the learned Sessions Judge, Dhubri, in Sessions Case No. 80/2009, is in challenge in this appeal. The learned Sessions Judge convicted the appellant for the offence under Ss. 447/323/325/302/34 of the Indian Penal Code (for short, IPC) and sentenced them to pay fine of Rs. 100/ - each, in default, suffer simple imprisonment for 15(fifteen) days for their conviction under Sec. 447/34 IPC; pay fine of Rs. 200/ - each, in default, suffer simple imprisonment for 1(one) month for their conviction under Sec. 323/34 IPC and suffer rigorous imprisonment for life and pay fine of Rs. 2,000/ - each, in default, suffer simple imprisonment for 1(one) month for their conviction under Sec. 302/34 IPC. The prosecution case, which has arisen out of the FIR, lodged by Musstt Akheja Bibi, on 21.12.2008, in a nutshell, is that, on 20.12.2008, at about 5 P.M., when a quarrel was going on between herself and accused Zakir Hussain, in the house of one Joynuddin, the other accused persons suddenly appeared there and assaulted her with iron rod and lathi causing injury to her person.

(2.) The offence under Sec. 302 IPC being exclusively triable by the Court of Sessions, the learned Judicial Magistrate 1st Class, Dhubri, committed the case to the Court of Sessions for trial. The learned Sessions Judge framed charges under Ss. 447/323/302/34 IPC against the accused persons. The charges were read over and explained to the accused persons to which they pleaded not guilty and claimed to be tried.

(3.) In order to prove its case, the prosecution examined as many as 11(eleven) witnesses, including the Medical Officers (P W -9 and P W -10) and the Investigating Officers (PW Nos. 8 and 10). The accused persons were examined under Sec. 313 Cr.P.C. They denied the allegations, brought against them and examined 1(one) witness as defence witness.