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MICHAEL ZOTHANKHUMA, MALASRI NANDI
Altaf Ali, S/o Idrish Ali – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Michael Zothankhuma, J.
Heard Mr. SK N Mohammad, learned counsel for the appellants. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the State.
2. The appellants have put to challenge the judgment and order dated 10.02.2021, passed by the court of the learned Sessions Judge, Barpeta in Sessions Case No. 23/2014, by which the appellants have been convicted under Section 302 IPC read with Section 149 IPC. The learned Trial Court has thereafter sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-each, in default, to undergo simple imprisonment for 6 (six) months.
3. The prosecution case in brief is that the informant, who is PW-1 and the father of the deceased Hafijul Ali submitted an FIR dated 29.04.2009 before the Officer-In-Charge Barpeta Police Station, stating that under the influence and provocation of Sl. Nos. 9, 10 and 11, Sl. Nos. 1 to 8 had trespassed into his house and assaulted his three sons, namely, Bilayet, Akbar and Hafijul Ali, which resulted in the death of Hafijul. The eleven persons mentioned in the FIR as the perpetrators of the crime are as follows:-
2. Manir Al
Section 149 of Indian Penal Code provides that if an offence is committed by any member of an unlawful assembly in prosecution of common object of that assembly every person who at time of committing....
The testimonies of interested witnesses should be analyzed with caution for credibility, and minor discrepancies in the testimonies were natural given the time lapse since the incident.
The court established that eyewitness testimonies can be reliable even if related to the victims, especially when corroborated by medical evidence, addressing distinctions in criminal liability under....
Point of Law : Unlawful assembly – Common object - No doubt section 149 IPC is wide in its sweep but in fixing the membership of the unlawful assembly and in inferring the common object various circu....
The court determined that the lack of premeditation during an altercation when the appellants assaulted the deceased supports a conviction under Section 304 Part-II IPC rather than Section 302 IPC.
The court established that in cases of unlawful assembly, all members can be held vicariously liable for the actions taken in furtherance of a common object, and that the prosecution's failure to exp....
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