The appellants were convicted for culpable homicide not amounting to murder, as the assault occurred without premeditation during a sudden quarrel, with shared common intention.

JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant criminal appeal under Section 374(2), Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ or ‘the Code’ for short) is directed against a Judgment and Order dated 22.06.2022 passed by the Court of learned Sessions Judge, Karimganj (‘the trial court’ for short) in Sessions Case No. 88 of 2012 ( State of Assam vs. Md. Faruk Ahmed @ Faruk Ahmed Choudhury and Others ). By the said Judgment and Order dated 22.06.2022, all the three accused-appellants have been convicted under Sections 302 /34, INDIAN PENAL CODE and all of them have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, in default of payment of fine, to undergo rigorous imprisonment for another period of 1 (one) year each.

2. The case of the prosecution, in brief, was that on 07.12.2009, a First Information Report (FIR) was lodged before the Officer In-Charge, Karimganj Police Station by the informant/PW-1. In the said FIR, it was inter alia alleged that at around 06-00/06-30 a.m. on 06.12.2009, the informant’s father, Masuk Ahmed Choudhury was going towards the pond to freshen up after getting up from bed. At that point of time, the accused no. 1, Faruk Ahmed came near him and asked her father whether he would settle the earlier land-related dispute. To the said query, Masuk Ahmed Choudhury replied to the accused, Faruk Ahmed (A-1) that the mediator would settle the matter after coming back from Haj. After saying so, Masuk Ahmed Choudhury freshened up and got inside his house. According to the informant - PW-1, she was listening the conversation between her father and Faruk Ahmed (A-1) by standing in the courtyard of their house. Then, hurling abuses with use of filthy words at them, the accused, Faruk Ahmed (A-1) caught hold of the informant by hair and dealt blows, punches, etc. and also slapped her. Hearing her screams, the mother of the informant, PW-2 came out of the house and the accused no. 1, Faruk Ahmed also slapped her. Then, Masuk Ahmed Choudhury came out of the house and asked Faruk Ahmed (A-1) why he was assaulting them. At that point of time, Faruk Ahmed (A-1) also struck Masuk Ahmed Choudhury on his head with a hoe that was lying in the courtyard. Thereafter, the other accused persons armed with lathi, etc. came there and assaulted Masuk Ahmed Choudhury in various parts of his body causing grievous injuries on his person. Masuk Ahmed Choudhury due to the assault, fell on the ground and became unconscious. Hearing the screams let out by all of them, the persons from the neighbourhood gathered at the spot and seeing the persons from the neighbourhood, the accused person retreated from the place. The informant stated that with the help of the neighbours, she took her father to Karinganj Civil Hospital at first. But finding the condition of Masuk Ahmed Choudhury critical, the doctors at the Karimganj Civil Hospital advised them to go to the Silchar Medical College, Silchar. Accordingly, the injured was taken to the Silchar Medical College but there also, the doctors finding the condition of the injured critical, advised them to take the injured to Guwahati. The informant stated in the FIR that at the time of lodging the FIR, the injured was undergoing treatment at Guwahati. It was stated in the FIR that as the family of the informant was busy attending the injured, there was some delay in lodging the FIR. In the FIR, apart from naming Faruk Ahmed (A-1) as an accused, the informant named three other persons as accused viz. (i) Sabir Ahmed @ Maju, son of Faru