MD PIYAR ALI Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-11-93
HIGH COURT OF GAUHATI
Decided on November 28,2018

Md Piyar Ali Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Mr. B. Choudhury, learned counsel for the appellant and Ms. B. Bhuyan, learned Addl. P.P., Assam are heard, who have also taken us through the evidence and materials brought on record.
(2.) This appeal is directed against the judgment and order dated 30.06.2015 rendered by the learned Sessions Judge, Darrang, Mangaldoi in Sessions Case No. 101 (DM)/2012. By the said judgment, learned Sessions Judge convicted the appellants under Section 302 IPC read with Section 34 IPC and sentenced them to imprisonment for life and fine of Rs. 5000/- each with default stipulation.
(3.) As per the prosecution case, the victim Abia Khatun was married to the accused/appellant Piyar Ali and she was in the house of her parents for some times. On 01.01.2004, at about 9 O'clock at night, Piyar Ali killed the victim and concealed the body under bamboo grooves. The parents of the victim came to know about the occurrence in the next morning and lodged the FIR (Ext.2). It was alleged in the FIR, that pursuant to conspiracy hatched by four accused persons named in the FIR, Piyar Ali killed the victim. On the basis of the said FIR, police registered Mangaldoi P.S. case No. 2/2004 and commenced investigation. During investigation, the inquest report was prepared by PW-7 Jatin Ch. Bora and postmortem examination of the body was conducted by Dr. Khalekuz Zaman (PW-4).;


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