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IN THE HIGH COURT OF GAUHATI
Suman Shyam, Mir Alfaz Ali, JJ.
Moina Ahmed - Appellant
Versus
State Of Assam And Anr - Respondent
Criminal Appeal No. 418 of 2019
Decided On : 19-03-2021
Common Intention - Conviction u/s 302 IPC - [Indian Penal Code] - [Section 302, Section 341, Section 323, Section 34] - The court ruled out the existence of common intention of all the accused persons to commit the offence and acquitted the co-accused. The prosecution case primarily relied on the oral testimony of eye witnesses and medical evidence. The court found the evidence inadequate to establish the presence and participation of the appellant in the commission of the offence beyond reasonable doubt. The medical evidence showed only a single fatal blow, and the prosecution failed to prove who dealt the fatal blow. As a result, the appellant was acquitted based on the benefit of doubt.
Fact of the Case:
The appellant was convicted under Section 302/341 IPC for the death of Ram Chandan Sahani. The prosecution's case relied on oral testimony of eye witnesses and medical evidence. The trial court ruled out the existence of common intention and acquitted the co-accused, leading to the appellant's appeal.
Finding of the Court:
The court found the evidence inadequate to establish the appellant's presence and participation in the offence beyond reasonable doubt. The medical evidence showed only a single fatal blow, and the prosecution failed to prove who dealt the fatal blow. As a result, the appellant was acquitted based on the benefit of doubt.
Issues: The main issue was the establishment of common intention and the appellant's participation in the offence beyond reasonable doubt.
Ratio Decidendi: The court emphasized the need to establish common intention and individual participation in the offence. It highlighted the inadequacy of evidence to prove the appellant's involvement beyond reasonable doubt, especially regarding the fatal blow.
Final Decision: The court set aside the conviction and sentence of the appellant, allowing the appeal and ordering the appellant to be set at liberty forthwith.
Key Points: - The court ruled out the existence of common intention of all the accused persons to commit the offence and acquitted the co-accused. (!) - The prosecution case primarily relied on the oral testimony of eye witnesses and medical evidence. (!) - The court found the evidence inadequate to establish the appellant's presence and participation in the offence beyond reasonable doubt. (!) - The medical evidence showed only a single fatal blow, and the prosecution failed to prove who dealt the fatal blow. (!) - The appellant was acquitted based on the benefit of doubt. (!) - The court emphasized the need to establish common intention and individual participation in the offence. (!)
JUDGMENT
M A Ali, J. - Learned Counsel, Mr.S.B.Rahman appearing for the appellant and learned Addl. Public Prosecutor, Ms. B. Bhuyan for the State/respondent were heard.
2. This appeal is directed against the judgment and order dated 28-08-2018 rendered by the learned Sessions Judge, Karbi Anglong, in Sessions Case No. 66/2000, whereby, the present appellant was convicted u/s 302/341 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.2,000/- with default clause u/s 302 IPC and to suffer rigorous imprisonment for another one month u/s 341 IPC.
3. The prosecution case in a nutshell was that on 09-03-1996, at about 10 PM, when Sukur Ali, son of the informant, was coming home on a motorbike with Ram Chandan Sahani (deceased), the accused Badal Ahmed stopped him on the way and had some discussion with him. In the meantime, the accused Jakub, Moina and Akonman Ahmed arrived there and all the four accused persons mounted assault on Sukur Ali and Ram Chandan with bamboo and wooden sticks, causing grievous injuries on the head of Ram Chandan Sahani, who died at the spot. The accused persons also inflicted grievous injuries to Sukur Ali. A written report was lodged by the mother of Sukur Ali, on the following day at 10 AM. Treating the said written report as FIR, police registered Bokajan PS Case No.39/1996 u/s 341/325/302/307/34 IPC and upon completion of the investigation submitted charge-sheet against all the four accused persons including the present appellant. One of the co-accused Akon Ahmed expired before commencement of the trial and the rest including the appellant stood trial.
4. During the course of trial, learned trial court framed charges against the remaining three accused persons including the present appellant u/s 302/341/323 read with Section 34 of the Indian Penal Code, to which, all of them pleaded not guilty. During trial, the co-accused Jakub Ahmed expired and ultimately the trial continued against the present appellant and Badal Ahmed. In order to substantiate the charges, prosecution examined 6 witnesses including the doctor and the investigating officer. The accused persons were also examined u/s 313 CrPC. During their examination u/s 313 CrPC both the accused persons took the plea of innocence however, did not adduce any defence evidence.
5. The informant, Nurjahan Begum was examined as PW-3. She stated in her deposition, that hearing hue and cry she rushed to the place of occurrence and had seen the accused persons attacking her son Sukur Ali. When Ram Chandan Sahani (deceased), who was accompanying Sukur Ali moved forward to resist the assault, the accused persons assaulted him too, with bamboo and other weapons. Having sustained injury, Ram Chandan Sahani died at the spot. She also stated that all the accused persons pierced a bamboo pole into the neck of the deceased. During cross-examination of this witness, it was elicited, that her son Sukur Ali was arrested twice in connection with the cases involving contraband drugs. She also stated, that in course of the quarrel, the accused Badal asked the other accused persons not to get involved in "marpit"(assault).
6. Pw-4, Rahima Begum deposed, that having heard commotion in front of her house, she came out and had seen the deceased Ram Chandan Sahani coming towards their house accompanied with Sukur Ali. She further stated that accused Badal and Jakub started altercation with Sukur Ali and the deceased Ram Chandan Sahani and following the altercation, they also started assaulting the deceased and her brother (Sukur). Having seen the quarrel, she immediately proceeded to the police station and informed the police about the occurrence. While coming back from the police station, she found Ram Chandan Sahani lying dead on their gateway. She also stated that according to her, when she came back from the police station, the accused Moina Ahmed came there and enquired about Sukur Ali. During cross-examination, she stated in an unambiguous term that s
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