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 different sections for murder.

JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Mr. Z. Kamar, learned Senior Counsel, assisted by Mr. A. Rahman, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Senior Counsel-cum-Additional Public Prosecutor, Assam, assisted by Ms. P. Bora, learned counsel appearing for the State of Assam.

2. This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellants, namely, 1. Zakir Hussain, 2. Sopior Rahman and 3. Soleman Seikh impugning the Judgment and Order dated 16.09.2019 passed by the learned Additional Sessions Judge, Bilasipara in Sessions Case No. 30/2014 whereby, the appellants were convicted under Section 448 of the INDIAN PENAL CODE and were sentenced to undergo rigorous imprisonment for 3(three) months. The appellants were also convicted under Section 326 of the INDIAN PENAL CODE and were sentenced to undergo rigorous imprisonment for 1(one) year and to pay a fine of Rs. 2000/- each and in default of payment of fine to undergo rigorous imprisonment for 1(one) month. The appellants were also convicted under Section 302 of the INDIAN PENAL CODE and were sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/- and in default of payment of fine to undergo further rigorous imprisonment for 3(three) months. The conviction of the appellants under Section 448 /326/302 of the INDIAN PENAL CODE was with the help of Section 149 of the INDIAN PENAL CODE .

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

i. On 22.01.1997, one Jalibar Rahman had lodged an FIR before the Officer-in-Charge of Bagribari Police Station, inter-alia, alleging that on 22.01.1997 at about 5:30 PM, Anowar Hussain, Kapiluddin Ahmed and Jumar Ali were having Iftar at the house of Anowar Hussain at Chalbandagaon and at that time the accused persons named in the FIR, namely, 1. Khalek Seikh, 2. Soleman Seikh, 3. Azibar Rahman, 4. Amir Hussain, 5. Zakir Hussain, 6. Lalbabu Seikh, 7. Meher Ali and 8. Sopior Rahman entered the house of Anowar Hussain and dragged him out to the courtyard and assaulted him with sharp weapon, causing severe injuries on his face, chest, neck and hand and as a result of the injuries sustained during the assault, he died. It is also alleged in the FIR that the accused persons named in the FIR had also assaulted Kapiluddin Ahmed by hacking him on his neck with a sharp weapon. However, Jumar Ali escaped from there.

ii. On receipt of the said FIR, the Officer-In-Charge of Bagribari Police Station registered Bagribari P.S. Case No. 09/1997 under Section 147 /148/149/448/326/302 of the INDIAN PENAL CODE and initiated the investigation. Ultimately, after completion of the investigation, charge-sheet was laid against the accused persons namely, Soleman Seikh, Azibar Rahman, Amir Hussain, Zakir Hussain, Meher Ali, Lalbabu Seikh and Sopior Rahman under Section 147 /148/149/448/326/302 of the INDIAN PENAL CODE .

iii. Out of the 7(seven) accused persons against whom the charge-sheet was laid the attendance of 3(three) accused persons could not be secured during the trial. They are Amir Hussain, Lalbabu Seikh and Meher Seikh. After issuing orders of proclamation as absconder and attachment of the property of the said accused persons, and after issuing non-bailable warrant of arrest against the aforesaid accused persons, the case of Amir Hussain and Meher Seikh was filed by order dated 26.04.2012 and similarly, the case of Lalbabu Seikh was filed by order dated 26.09.