AMBAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appeal is preferred from jail by the appellants, who have been found guilty of the offence under Sections 302/34 IPC by the learned Sessions Judge, Cachar, Silchar, in his Judgment dated 9.12.2003 passed in Sessions Case No. 43/2000. By the aforesaid judgment, under appeal, the appellants were sentenced to life imprisonment with a fine of Rs. 10,000.00 each, in default thereto, appellants were to suffer rigorous Imprisonment for six months and the fine amount, if realised, would be paid to the wife of the deceased by way of compensation.

(2.) We have heard Smti. R.S. Chowdhury, learned Amicus Curiae for the appellants and Mr. Z. Kamar, and learned Public Prosecutor for the State.

(3.) The prosecution story, in brief, is that the deceased Mona Miya purchased 8 bighas of land from one Abdul Khaliq, a co-villager, for consideration of a sum of Rs. 30,000/-, of which Rs. 2,000/- remaining as unpaid balance. In order to pay the aforesaid balance amount, paddy worth of Rs. 2,000/- was sold, in credit, by deceased Mona Miya to late Jair Uddin, a co-villager of the deceased. On 7.11.1996, the deceased Mona Miya went to the house of Late Jair Uddin to collect the aforesaid sum of Rs. 2,000/-, being the price of the sold-out paddy and there, at about 6 P.M., instead of paying the money, a quarrel was ensued and the deceased Mona Miya was chased out of the house of Late Jair Uddin by the appellants and some others named in the FIR. Later on, the deceased was caught by the accused on the bottom of the Tilla (residential house of the deceased) and assaulted him with lathi, dao and ballam. As a result, the deceased sustained multiple injuries on his body and he died on way to the Police Station. Msstt. Narul Nessa, wife of the deceased lodged a FIR on 8.11.1996 to the Officer-in-Charge, Jirighat Police Station, alleging that at 6 p.m. of 7.11.1996, the following accused persons namely, Md. Ambar Ali, Md. Fuler Uddin, Md. Jilan Miya, Md. Jamal Uddin and Mr. Jair Uddin came into the house of the deceased Mona Miya and assaulted her deceased husband with dao, ballam and lathi and as a result, the deceased succumbed to his injuries. Accordingly, GR Case No. 2790/1996 was registered under Sections 147/148/149/448/427/325/323/302 IPC.