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2017 Supreme(Gau) 1277

AJIT SINGH, MANOJIT BHUYAN
Suraj Ali – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
For the Appellants :B.M. Choudhury and U. Choudhury, Advocates
For the Respondents:K. Konwar, Advocate

JUDGMENT :

Manojit Bhuyan, J.

The 7 (seven) appellants, namely, Md. Saifuddin Ahmed @ Gambhu Sheikh, Md. Abdul Malek, Md. Jambu Sheikh, Md. Matlib Ali @ Matlebuddin, all sons of Late Majibur Rahman, along with Md. Akalu Sheikh @ Ainal Hoque, Md. Gulu Sheikh @ Golap Hussain, both sons of Md. Suruj Ali and Md. Suruj Ali himself has been convicted under Sections 302/201/34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine and default stipulations. No separate sentence was imposed for their conviction under Section 201. During the present appeal proceedings, Md. Suruj Ali suffered demise.

2. The victim of the incident was Manu Ali, aged about 35 years.

3. The case of the prosecution is that around 10 P.M. of 06.09.2003 when the deceased Manu Ali had come home from Shillong, the appellants above-named along with another co-accused Majibur Rahman chased him from outside into the house and assaulted him with sharp weapons and then dragged him out of the house. Manu Ali died instantly and his dead body was thrown into the nearby jute field.

4. Jayanti Das @ Jaynab Begum (PW-1) and Muklesa Begum (PW-2), who are the wife and daughter of Manu Ali respective



















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