Decided on April 10,2018

Sekender Ali Appellant
STATE OF ASSAM Respondents


AJIT BORTHAKUR - (1.) This Jail appeal is preferred against the judgment and order, dated 28.07.2015, passed by the learned Sessions Judge, Barpeta in Sessions Case No. 172/2012, under Section 302/34 IPC.
(2.) The appellants' case, in brief, is that one Aynal Haque, son of Late Abdul Haque, resident of Kawoimari, Block II, under Sarthebari Police Station, District Barpeta, lodged an FIR, on 14.08.2008, with the Officer-in-Charge of the said Police Station alleging that on that day at about 11 a.m, when his father Abdul Haque went to see the bank of his father-in-law's fishery, located on the backside of the house of the appellants, the appellants picked up an altercation with him, who accused them of blocking the water outlet of the fishery. The appellants Sekender Ali and Arikul Ali forcibly removed his father to their courtyard, wrapped his neck with a rope and then caused cut injuries on his head and neck by sharp cutting weapon causing severe injuries resulting in his instantaneous death.
(3.) Based on the above FIR, the Officer-in-Charge, Sarthebari P.S. registered Sarthebari P.S. Case No. 124/2008, under Section 302/34 IPC and endorsed the case to ASI Subodh Chandra Haloi for investigation. On completion of investigation, the Investigating Officer (I.O.) submitted Charge Sheet under Section 302/34 IPC against the appellants. As the Charge sheeted offence is exclusively triable by the Court of Sessions, the learned Judicial Magistrate, First Class, Barpeta, committed the case under Section 209 CrPC for trial vide order, dated 6.7.2012, passed in G.R. Case No. 1528/2008 to the Court of learned Sessions Judge, Barpeta. Thereafter, on perusal of the case diary and hearing the learned counsel of both the sides, the learned Sessions Judge, Barpeta framed charges under Section 302/34 IPC against the appellants vide order, dated 21.08.2012. The appellants pleaded not guilty and claimed to be tried. In course of trial of the case, the prosecution examined as many as 9 witnesses and exhibited 9 number of documents. After closing the evidence of the prosecution side, the statements under Section 313 Cr.P.C. were recorded. The appellants pleaded not guilty and declined to examine any witness in defence. Appellant Kulchan Begum pleaded that the deceased Abdul Haque chased them. Learned Sessions Judge, Barpeta, on appreciation of the evidence adduced by the prosecution and after hearing the arguments advanced by the learned counsel of both the sides, held the appellants guilty of the charges and sentenced each of them to undergo rigorous imprisonment for life and to pay fine of Rs. 5000/- (five thousand only) in default to suffer rigorous imprisonment for 5 (five) months under Section 302/34 IPC.;

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