Decided on March 15,2018

STATE OF ASSAM Respondents


MIR ALFAZ ALI, J. - (1.) We propose to decide the Crl. Appeal 157 of 2015 and Crl. Appeal 166 of 2015 by this common judgment as both these appeals are directed against the same judgment and order passed by learned Addl. Sessions Judge (FTC), Barpeta in Sessions Case No. 8 of 2008.
(2.) Thirty two appellants were convicted by the learned Addl. Sessions Judge (FTC), Barpeta u/s 302 IPC read with Section 149 IPC and sentenced them to rigorous imprisonment for life and fine of Rs. 10,000/- with default stipulation. Appellants were also convicted under Sections 147/148 IPC and sentenced to rigorous imprisonment for one year and two years respectively. Appellants were further convicted under Section 201 IPC and sentenced to rigorous imprisonment for six months.
(3.) As per prosecution case, on 01.10.1998 at about 6 am, when the victim Abdul Wahab, Raj Ali (PW 4), Afzal Ali (PW 5) and the informant Rahiz Uddin along with some others were constructing house on their land, the accused persons came in a mob towards the house of Abdul Wahab. Having noticed the accused persons named in the FIR, armed with lathi, spear, dagger etc proceeding towards his house, Abdul Wahab took shelter in the house of Shorab Ali along with others. However, the accused persons surrounded the house of Shorab Ali, broke the walls of the house and mounted assault on the victim Abdul Wahab. Accused Azad Ali hit Abdul Wahab with spear and the accused Taizuddin and Samsul Haque stabbed him with dagger. Rest of the accused persons mounted assault on the victim with various weapons like dao, lathi, club etc and after killing Abdul Wahab, they carried the body and disposed the same by throwing in the river Brahmaputra. After committing the offence the accused persons left the place crossing the river Brahmaputra, by the engine boat belonging to one Bakkar Ali. PW 1, Rahizuddin lodged the FIR (Ext.1), on the basis of which, police registered Bagbar P.S. Case No. 145 of 1998 under Sections 147/148/149/324/326/302/201 IPC and commenced investigation. After four days of the occurrence, the decomposed body of the victim was found floating on the bank of the river, which was sent for post mortem examination. During investigation, the statement of some of the witnesses were recorded u/s 164 Cr.P.C., some incriminating articles were also recovered, inquest report (Ext.5) was prepared on the dead body by Md. Lal Chand Sikdar (PW 17) and the body was sent for post mortem examination.;

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