Decided on April 05,2018

Md Ibrahim Ali Appellant
The State Of Assam And Anr. Respondents


AJIT SINGH,J. - (1.) Appellant - Ibrahim Ali - has been convicted under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation. By the same judgment, the trial court has acquitted two co-accused persons, namely, Abdul Kadir and Mannas Ali. There were two more accused persons, namely, Omar Ali and Anar Ali. Omar Ali after obtaining bail during trial has absconded, whereas Anar Ali has been sent to the Juvenile Justice Board. The present appeal is therefore filed by only Ibrahim Ali.
(2.) The victim of the incident was Jalaluddin, aged about 35 years.
(3.) According to the prosecution case, Jalaluddin and the appellant were cousin and they resided in the same locality as neighbours at Mouza Juria, District Nagaon, falling within the jurisdiction of Police Station Juria. On 30.7.2004, at about 4 PM, when Jalaluddin was going towards his pond, he was intercepted by Omar Ali, Mannas Ali, Anaruddin, Abdul Kadir and the appellant. They were also armed with weapons like axe, dao and lathis. On the exhortation of Abdul Kadir, all of them made a murderous assault on Jalaluddin with their respective weapons and caused multiple grievous injuries to him. On hearing the out-cry of Jalaluddin, his wife Halima Khatoon (PW-3), brother Habibur Rahman (PW-1) and sister-in-law Afia Begum (PW-6) rushed to the place of occurrence to save him, but the assailants ran to assault them also, and they somehow managed to escape by retreating and taking shelter inside their houses. After sometime, when the assailants dispersed from the scene of occurrence, Habibur Rahman and Halima Khatoon along with one Rafiqul went to Jalaluddin and carried him in an injured state to the Nagaon Civil Hospital from where he was sent to the Gauhati Medical College and Hospital. At the Gauhati Medical College and Hospital, Jalaluddin was declared as brought dead. First Information Report Exhibit 1, of the incident was lodged by another brother of Jalaluddin, namely, Akbar Ali (PW-2) at Juria Police Station wherein he named all the assailants including the appellant. The Station Officer - Budheswar Khaklari (PW-11) of the Police Station then immediately rushed to the place of occurrence and recorded the statements of witnesses. He even searched for the assailants, but since all of them had fled, no arrest could be made. Budheswar Khaklari sent the dead body of Jalaluddin for post mortem examination. Dr. Kanak Chandra Das (PW-9), the then visiting surgeon in the Department of Forensic Medicine of the Gauhati Medical College and Hospital conducted the post mortem examination on the dead body of Jalaluddin. He found 4(four) wounds of various sizes viz. one over left cheek below left eye; second over left eye eyebrow; third on nose with underneath nasal bone fracture and fourth lacerated injury on the scalp, over parietal bone with underneath fracture of parietal bone. According to him, death was due to head injury sustained as described, which was ante-mortem and caused by blunt weapon. His post mortem examination report is Exhibit-4.;

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