Decided on May 07,2018

Hassan Ahmed Laskar @ Hasan Ahmed And 5 Ors Appellant
STATE OF ASSAM And ANR Respondents


Ajit Singh, C.J. - (1.) The seven appellants, namely, Hassan Ahmed Laskar @ Hasan Ahmed, Billal Uddin Laskar @ Bilala Ahmed, Sayed Ahmed Laskar @ Sayed Ahmed, Abdul Hakim Laskar @ Abdul Hakim, Hussain Ahmed Laskar @ Hussain Ahmed and Zakir Hussain Laskar @ Zakir Hussain have been convicted under Section 302/149 of the Indian Penal Code and sentenced to imprisonment for life and fine Rs.1,000/- each with default stipulation. They have also been convicted under Section 323/149 of the Indian Penal Code and sentenced to fine of Rs.1,000/- each, with default stipulations. They have further been convicted under Section 148 of the Indian Penal Code and sentenced to fine of Rs.1,000/- with default stipulations. One another accused, namely, Khalil Ahmed died during the trial and as such, prosecution case stood abated against him.
(2.) The victim of the incident was Taimus Ali Laskar, aged about 60 years. He was a resident of village Baldabadli Pt-III of Hailakandi District.
(3.) According to the prosecution case, the agricultural field of Taimus was adjacent to the residence of the appellants. As the cattle of appellants used to destroy the crops of Taimus, he erected a fence around his field. On 23.06.2006 at about 7.30 a.m., the appellants dismantled some portion of that fence. Taimus, on coming to know about this, rushed to the appellants to lodge his protest, but the appellants abused him. Taimus, undeterred, reiterated his protest. At that point of time, Khalil asked the appellants to finish Taimus and then he himself suddenly dealt a blow on his head with a lenja (spear). Taimus unable to sustain the head injury fell down on the paddy field whereafter all the appellants assaulted him with their lathis. Abdul Kalam Laskar (PW-2) had accompanied his father Taimus. The appellants assaulted Abdul Kalam Laskar also with their lathis. During the assault, appellant Billal Ahmed caused an injury on the hand of Abdul Kalam Laskar with a spear. Hearing the cries of Taimus and Abdul Kalam Laskar, their wives Rahima and Raisa Begum (PW-1) rushed to the place of occurrence and they were also assaulted with lathis by the appellants. In the assault, Rahima received an injury on her right hand caused with a spear. Appellant Billal even tore the clothes of Raisa turning her nude. All the appellants then thrashed and assaulted Raisa with lathis when she fell down on the ground. On hearing the cries of Raisa, the people gathered at the place of occurrence and seeing them, the appellants including Khalil Ahmed ran away. Taimus and Abdul Kalam Laskar were taken to the Silchar Medical College and Hospital for treatment, where Taimus breathed his last at about 11.30 p.m. In the meantime, Raisa lodged First Information Report Exhibit-1 at Jamira Police Patrol Post, which was subsequently registered at Katlichhera Police Station. In the First Information Report, she named the appellants, Khalil Ahmed and Karima Begum as the assailants.;

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