AZIZUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 24.2.97 passed by learned Sessions Judge, Morigaon in Sessions Case No. 25/95, there by convicting the accused appellant under Section 302 IPC and sentencing him to imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine, further imprisonment for two months.

(2.) On 7.6.93 at about 8 P.M. Nur Mohammad, P.W.-1 lodged an FIR before the Officer-in Charge, Moirabari P.S. to the effect that on that day at about 3-30 P.M. Md. Maizuddin was stabbed to death by the accused persons, namely, Azizul, Haque, Abdul Khaleque, Fazlul Haque, Rajab Ali, Omar Ali, Rusmat Ali, Habibur Raham and Abdul Matin, Police registered a case and after usual investigation submitted sharge-sheet against all the accused persons. The case was committed to the Court of Session and the learned Session Judge.Morigaon framed charges under Sections 302/34 IPC against all the accused persons and a separate charge u/s 302 IPC against the accused appellant Azizul Haque.

(3.) During trial the prosecution examined 8 witnesses. The Magistrate, who re- cotrded the confessional statement, was examined as Court witness No. 1. The state accused persons were recorded conclusion of the trial ithe learned Sessions Judge acquitted 7 accused persons and convicted and sentenced the accused appellent as aforesaid. Hence the present appeal from jail.