AFTAB H.SAIKIA,J - (1.) AFTAB H.SAIKIA,J 1. Heard Mr. A. K. Goswami, the learned Sr. Counsel assisted by Ms. B. Sarma, the learned counsel for the appellants. Also heard Mr. K. A. Mazumdar, the learned P. P. Assam.
(2.) THIS criminal appeal has been directed against the judgment and order dated 14. 02. 2003 passed by the learned Additional Sessions Judge, Cacher, Slichar in Sessions Case No. 79/99 whereby appellants were convicted under Sections 302/34 IPC read with Section 447 IPC and sentenced to undergo rigorous imprisonment (for short, 'r. I. ') for life and to pay fine of Rs. 500/- each, in default of payment of fine to undergo rigorous imprisonment for six months each under Section 302/34 IPC and they were also sentenced to undergo R. I. for one month each for their conviction under Section 447 IPC. Further the convicted accused appellant No. 1 was sentenced to undergo R. I. for one year for his conviction under Section 324 IPC. The sentences of imprisonment shall run concurrently. 2. This criminal appeal has been directed against the judgment and order dated 14. 02. 2003 passed by the learned Additional Sessions Judge, Cacher, Slichar in Sessions Case No. 79/99 whereby appellants were convicted under Sections 302/34 IPC read with Section 447 IPC and sentenced to undergo rigorous imprisonment (for short, 'r. I. ') for life and to pay fine of Rs. 500/- each, in default of payment of fine to undergo rigorous imprisonment for six months each under Section 302/34 IPC and they were also sentenced to undergo R. I. for one month each for their conviction under Section 447 IPC. Further the convicted accused appellant No. 1 was sentenced to undergo R. I. for one year for his conviction under Section 324 IPC. The sentences of imprisonment shall run concurrently. The prosecution case in short, is that on 13. 3. 1998, P. W. 1, the informant, Musstt. Rupban Bibi lodged and FIR with the Katigorah Police Station alleging that at around 7. 30 pm on 12. 3. 98 while her son Intajul Hoque was coming to their house from Badarpur and reached the road adjacent to the pond to her homestead, all the accused persons namely (1) Abidur Rahman, (2) Jayadur Rahman, (3) Moina Mia, (4)Rajia Begum intercepted him on the way and then by dealing cut blows on him with the Dao's in their hands caused serious injuries at different places on the body of her son. Upon hearing her son's screaming, her husband Jahir Ali (hereinafter referred to as 'the deceased') and their daughter Anowara Begum (P. W. 2) went out to rescue his son. . Then Abidur Rahman dealt cut blows on her husband with dagger and caused serious injuries on various parts on his person of her husband/the deceased. When her daughter Anowara Begum (P. W. 2) offered resistance, the accused appellant Md. Juwaidur Rahman dealt cult blow with dao thereby causing serious injuries in her right hand. Her neighbour eventually turned up and saved their lives. However, after sometimes of the happening of the occurrence, her husband succumbed to the injuries.
(3.) ON the basis of the above information, the police started investigation and submitted charge-sheet against those four accused persons including the two appellants herein. However before framing of charges the accused Abidur Rahman and Moina Mia expired and consequently the charge was framed by the trial Court against the present two appellants in this appeal.;