Decided on November 09,2018

Aynul Haque Laskar Appellant
STATE OF ASSAM Respondents


Mir Alfaz Ali, J. - (1.) We have heard learned amicus curiae Mr. I.A. Hazarika for the appellant and learned Addl. P.P. Mr. B.J. Dutta, for the state, who have also taken us through the evidence and materials brought on record.
(2.) This appeal is directed against the judgment and order dated 23.02.2016 passed by the learned Sessions Judge, Hailakandi, in Sessions Case No. 6/2009. By the said judgment, learned Sessions Judge convicted the accused appellant under Section 302/448/323 IPC and sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation.
(3.) As per the prosecution case, on 30.01.2003, at about 7 O'clock in the evening, the accused/appellant, Ainul Hoque and one Saleh Ahmed trespassed into the house of the informant (since deceased) and asked Muslima Bibi (PW-4) to go with them, where upon the informant and other members of her family raised alarm. Hearing the alarm, when the people of the neighborhood started coming, the accused persons assaulted the husband (victim) and children of the informant and thereby caused serious injuries to them. The accused/appellant, Ainul Hoque managed to leave the place. However, the villagers apprehended Saleh Ahmed, who also sustained injuries by stumbling upon the rocks and fencing. PW-4 Muslima is the wife of the appellant. The victim and informant were the parents-in-law of the appellant. The FIR was lodged by Sibjan Nessa (since deceased), on the basis of which police registered a case and after usual investigation, submitted charge sheet under Section 447/324/323/302 IPC R/W Section 34 IPC.;

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