MD SAHA ALI Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-12-48
HIGH COURT OF GAUHATI
Decided on December 10,2018

Md Saha Ali Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) We have heard learned senior counsel, Mr. HRA Choudhury assisted by Mr. A.T. Sarkar for the appellant. Also heard learned Addl. Public Prosecutor, Mr. H.Sarma for the State/respondent No. 1 and Mr. S.K. Singha, learned counsel for the respondent Nos. 2 to 4.
(2.) This appeal is directed against the judgment and order dated 04-03-2015, passed by learned Sessions Judge, Udalguri, in Sessions Case No.237(D-U)/2012. By the said judgment, learned Sessions Judge convicted the appellant u/s 302 IPC and sentenced him to imprisonment for life and fine of Rs. 5,000/- (Rupees five thousand) with default stipulation.
(3.) As per prosecution case, on 26-02-2009, at about 11.30 AM, the appellant was taking away three bullocks (one of which belonged to the victim Daya Ram) from the field, which were tethered for grazing. When Daya Ram (deceased) resisted the appellant Saha Ali from taking away the bullocks, altercation started between them. In course of such altercation, the appellant and his companion attacked Daya Ram with a spade and inflicted multiple injuries to him. Immediately, the victim was shifted to Mangaldoi Civil Hospital and thereafter to GMCH, where he succumbed to the injuries. The FIR (Ext. -1) was lodged jointly by PW 1, PW 2 & PW 5, on the basis of which, police registered Dhula Police Station Case No. 34/2009 u/s 147/148/149/341/326/307/379 IPC, and commenced investigation. During investigation, post mortem examination was conducted on the body of the victim by Dr. Niku Kumar Gogoi (PW 8).;


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