Back
SUMAN SHYAM, KAUSHIK GOSWAMI
Amjad Ali S/o Late Ghota Sk. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
Suman Shyam, J.
Heard Mr. H.R.A. Choudhury, learned Sr. counsel assisted by Mr. A. Ahmed, learned counsel for the appellants. We have also heard Ms. B. Bhuyan, learned Addl. P.P. Assam, appearing on behalf of the State. None has appeared for the informant.
2. This appeal has been preferred by the six accused persons, viz. Amjad Ali, Haidar Ali, Nur Bakta, Nur Jamal, Abdul Rezzak and Samsul Bari who were convicted under Sections 148/ 447/ 323/ 324/ 326/ 302/ 149 of the Indian Penal Code (IPC) by the judgment dated 26-05-2017 passed by the Addl. Sessions Judge, Dhubri in connection with Sessions Case No. 91/2001 and each of them were inter alia sentenced to undergo rigorous imprisonment for life and also to pay fine with default stipulation.
3. The prosecution case, as unfolded from the materials on record, is to the effect that one Osman Ali had lodged an ejahar dated 11-10-1997 with the Officer-in-Charge of the Mankachar Police Station reporting that at around 06:00 – 07:00 am in the morning, the accused persons, forming an unlawful assembly, armed with deadly weapons such as, spears, lathis, pebbles etc. had launched an attack on his younger brother Rahman Ali causing his i
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.
Criminal Law – Offence of Murder – Testimony of eye-witnesses – Admissibility of - Testimony of eye-witnesses, we find that one Appellant 2 was identified as a member of the unlawful assembly who had....
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....
Point of Law : Sometimes witnesses do exaggerate but the evidence of such witnesses need not be discarded on account of embellishments if it is corroborated on material aspect by other evidence on re....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
