AMZAD ALI ALIAS AMZAD KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this judgment we propose to dispose of the Criminal Appeal No. 57 of 1999 and 68 of 1999 preferred by the appellants against the judgment of conviction and sentence passed on 10/2/1999 by the learned Sessions Judge, Barpeta in Sessions Case No.13 of 1994. On conclusion of trial, the learned Sessions Judge convicted all the appellants under Section 302 read with Section 149 IPC and sentenced each of them to imprisonment for life with fine of Rs.2000/-, in default of payment. Rigorous Imprisonment for another six months. In addition, the learned Sessions Judge also convicted all the appellants under Section 201 read with section 149 IPC and sentenced each of them to five year Rigorous Imprisonment along with fine of Rs.1000/-, in default further Rigorous Imprisonment for three months.

(2.) Investigation was set in motion by the police when an F.I.R. was lodged by one Rupchan Mia on 3.8.1989 before the Officer-in-Charge of Barpeta Police Station naming the appellants along with other responsible for causing death of three persons with daggers.

(3.) The F.I.R. discloses that at about 4 O'Clock on 3.8.1999, the deceased Tara Mia D1, Saket Ali D2 and Owaz Khan D3 were fishing in Dhaneshwari Beel of Keotpara Village when the accused persons armed with lathi, Fala and Jong (resembling spears) attacked and killed them because of previous enmity. They also assaulted Monowara Begum, Hussain Mia and others when they reached the place of occurrence to intervene. The accused persons also dragged the bodies of the three deceased persons and threw them into the Pahumara River.