HELAL UDDIN SK AND ORS. Vs. THE STATE OF MEGHALAYA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the trial court dated 03.09.2014 for convicting the accused Md. Nizam Uddin under Section 304 Part I and 447 of the IPC and order of sentence dated 10.09.2014 for sentencing the accused Md. Nizam Uddin to undergo rigorous imprisonment of 7 (seven) years for the offence under Section 304 Part I and also imposed a fine of Rs.5000/- and in default to undergo simple imprisonment for six months and both the sentence shall run concurrently.

(2.) Heard Mr. SP Mahanta, learned senior counsel assisted by Mr. AH Hazarika, learned counsel for the appellant and accused and Mr. S Sen Gupta, learned Addl. PP appearing for the State.

(3.) The case of the prosecution as unfolded during trial, in nutshell, is recapitulated. PW 1 Shri. Somer Ali, S/o deceased/victim Md. Hasen Ali of village Takurbitha lodged an Ejahar on 27.12.2007 to the In-charge, Bholarbhita Police Outpost that on 26.12.2007 at about 4:00 pm, when the accused Md. Nizam Uddin damaged khesary dal crop near Cherakupa bil (Dakurbhita), his deceased father Md. Hasen Ali went there to save the khesary dal crop. The accused Md. Nizam Uddin had beaten his father Md. Hasen Ali and he was grievously injured. Two persons namely, Shri.Mayan Ali PW 2 and Abdul Kudus Ali PW 3 of village Takurbitha brought the injured person i.e. the deceased Md. Hasen Ali to his house and the deceased Md. Hasen Ali felt uncomfortable. On receipt of the ejahar, a criminal case (FIR) being No.P/bari P.S. Case No.84(12) 2007 under Sections 447/427/302 PC was registered. On 30.12.2007, the informant i.e. PW 1 Shri.Somer Ali again filed another ejahar that he came to know that the accused Md. Nizam Uddin was not alone involved in assaulting his deceased father Md. Hasin Ali and three other persons namely, Md. Joynal Abedin S/o not known, Hetal Uddin Sk S/o Joynal Adedin and Md. Sultan Uddin Sk S/o Joynal Abedin, were also fully involved in committing the crime. After completing the investigation, the investigating officer submitted charge-sheet against the accused Md. Nizam Uddin and the said three other persons namely, Md. Joynal Abedin, Hetal Uddin Sk and Md. Sultan Uddin Sk. The learned trial court after hearing the arguments of the parties had framed the charge only against the accused Md. Nizam Uddin under sections 304 Part I and 447 IPC and the said other three accused were discharged, as there were no sufficient grounds to implicate them in the said case. The prosecution in order to bring home the charge against the accused Md. Nizam Ali, had examined 9 (nine) PWs namely, Shri.Somer Ali, S/o (L) Hasen Ali of Bhangalpar as PW 1, Mayan Ali, S/o Hazi Abdul Hamid as PW 2, Abdul Kuddus Ali, S/o Inson Munshi as PW 3, Shri. Wahab Ali, S/o (L) Kadam Ali of Bhangalpar as PW 4, Shri. Mintu Mollah, S/o Jaijur Hoque Mollah of Bhangalpar as PW 5, Shri. Ramjad Ali S/o Abdul Hamid of Bhangalpar as PW 6, Dr. Marwin R. Sangma, S/o (L) N.M. Sangma as PW 7, S.I. Ch. Mahanta as PW 8 and S.I. D.J. Abedin, S/o (L) Abdull Mojit Sk as PW 9. The accused Md. Nizam Uddin also produced defence witnesses namely, Shri. Jahamuddin Dewani, S/o Shri.Kurban Ali as DW 1 and Mofadjul Hussain, S/o (L) Jamal Ali Dewani of Bhangalpar as DW 2 in his defence. The prosecution also exhibited documents i.e. sketch map, post mortem report i.e. exhibit 4, letter of Bolarbitha POP dated 28.12.2007 as exhibit 6 in support of the prosecution case.