ABDUL JALIL AND 2 ORS Vs. STATE OF ASSAM AND ANR
HIGH COURT OF GAUHATI
Abdul Jalil And 2 Ors
STATE OF ASSAM And ANR
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Mir Alfaz Ali, J. -
(1.) Both these appeals are directed against the judgment and order dated 16.06.2014 passed by the learned Additional Sessions Judge, Silchar, Cachar in Sessions Case No. 48/2007.
(2.) All the appellants were convicted under Section 148 IPC and under Section 427/447 R/W Section 149 IPC along with other co-accused (not appellant). Further, the appellants, Wajid Ali, Noman Ali, Saiful Islam and Kalamuddin were convicted under Section 302 IPC and appellants Abdul Jalil, Ramijuddin and Kutubuddin were convicted under Section 326 IPC. Learned Sessions Judge sentenced all the appellants to rigorous imprisonment for 6 months under Section 148 IPC, rigorous imprisonment for 2 months under Section 447/149 IPC and rigorous imprisonment for 6 months under Section 427/149 IPC. Appellant Wazid Ali, Noman Ali, Safirul Islam and Kalamuddin were sentenced to imprisonment for life and fine of Rs. 5,000/- with default stipulation under Section 302 IPC and appellants Abdul Jalil, Ramijuddin and Kutub Uddin were sentenced to rigorous imprisonment for 3 years and fine of Rs. 5,000/- with default stipulation under Section 326 IPC.
(3.) As per prosecution case, some families of the village have been possessing and cultivating a plot of land covered by Patta No. 17 & 18. On 30.10.1998, at about 9 AM, 24 persons named in the FIR, armed with deadly weapons illegally trespassed into the said land and attacked the informant party in order to dispossess them from the said land and inflicted injuries to some of them. As a result of the injuries inflicted by the accused persons, one Sumantha Nath died at the place of occurrence and several others, including Vijay Nath, Moinul Hoque, Abu Bakkar, Burhanuddin, Asu Roy, Alifuddin sustained grievous injuries. The trespassers also demolished the crops cultivated by them. An FIR was lodged on the same day at about 1.30 PM by one Lokeswar Nath (since deceased), on the basis of which, police registered a case and commenced investigation. During investigation, police recorded the statements of the witnesses, prepared inquest report, send the injured for medical examination and the body of the deceased for postmortem examination. Autopsy was done by Dr. K.K. Chakraborty. As per postmortem report, the following injuries were found on the body of the deceased, Sumantha Nath:
"(1) cut injury vault of the scalp 5x1 cm x scalp deed
(2) lacerated injury right side of forehead 3x2 cm
(3) lacerated injury left side of forehead 2x1 cm
(4) Abrasion with contusion of left forearm upper half 3x2 cm with fronture of fibular.
(5) cut injury left thigh upper half and laterally 2.1/2x1/2x1 cm
(6) Abrasion back of chest wall in left scapular region 1x1 cm
All the injuries are fresh and antemortem
Injury No. 1, 4 and 5 caused by sharp weapon and rest by blunt object.
Scalp- as described, contusion under the scalp in frontal and parital area present. Skull and vertebra-healthy.
Brain congested, spinal code not examined
Subdural haemorrhage in both sides of brain present."
In the opinion of the doctor, who conducted the postmortem examination, death was due to shock and hemorrhage as a result of intra-cranial hemorrhage caused by sharp and blunt object and the injuries were antimortem.;
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