GAHC010301502019 2025:GAU-AS:16993

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.A./1/2020

MD. ABUL KALAM AND 2 ORS.

S/O- SHWER ALI, R/O- ROUMARI GAON, P.O. KATIASAPORI, P.S. DHING,

DIST.- NAGAON, ASSAM, PIN- 782122.

2: MD. ARAJ ALI S/O- SHWER ALI

R/O- ROUMARI GAON

P.O. KATIASAPORI

P.S. DHING

DIST.- NAGAON

ASSAM

PIN- 782122.

3: MD. RUSTOM ALI

S/O- SHWER ALI

R/O- ROUMARI GAON

P.O. KATIASAPORI

P.S. DHING

DIST.- NAGAON

ASSAM

PIN- 782122

VERSUS

THE STATE OF ASSAM AND ANR

REP. BY P.P., ASSAM

2:MD. AKKAS ALI

S/O- LATE AZGOR ALI

R/O- VILL.- TINTIKIA CHAR

P.S. DHEKIAJULI DIST.- SONITPUR

ASSAM

Advocates for the Appellants : Mr. N. Mahajan.

Advocates for the Respondents : Ms. A. Begum, Addl. P.P., Assam.

Ms. P.B. Bordoloi, Amicus Curiae.

B E F O R E HON’BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON’BLE MRS. JUSTICE MITALI THAKURIA Date on which judgment is reserved : 25.11.2025 Date of pronouncement of judgment : 10.12.2025 Whether the pronouncement is of the : N/A.

operative part of the judgment?

Whether the full judgment has been : Yes.

pronounced?

J & O UDGMENT RDER [Mitali Thakuria, J]

Heard Mr. N. Mahajan, learned counsel for the appellants. Also heard Ms.

A. Begum, learned Addl. Public Prosecutor, Assam for the State respondent No.1 and Ms. P. B. Bordoloi, learned Amicus Curiae, appearing for the respondent No.2.

2. This appeal has been preferred by the accused appellants against the judgment and order dated 19.11.2019, passed by the learned Addl. Sessions Judge, Sonitpur, in Sessions Case No.138/2018, whereby the appellants were convicted (i) under Section 302/34 IPC and sentenced to life imprisonment with fine of Rs.10,000/- (Rupees Ten Thousand) only along with default stipulation, (ii) under Section 324/34 IPC and sentenced 3 (three) years rigorous imprisonment with fine of Rs.5,000/- (Rupees Five Thousand) only along with default stipulation and (iii) to undergo rigorous imprisonment for 3 (three) years with fine of Rs.5,000/- (Rupees Five Thousand) only along with default stipulation under Section 325/34 IPC. All the sentences were to run concurrently.

3. The prosecution case in brief is that the informant, Md. Akkash Ali (PW.2), who happens to be the uncle of the deceased, lodged an FIR before the In- charge of Singiri Police Out Post, alleging inter alia that on 19.09.2016, at around 12.30 p.m., the accused persons quarreled with the nephew of the informant, namely, Shah Ali and assaulted him by hand and lathi, as a result of which, Shah Ali died on the spot. Accordingly the In-charge of Singiri Police Out Post made a G.D. Entry being G.D. No.315 dated 20.09.2016 and forwarded the same to Dhekiajuli Police Station for registering the case and the same has been registered vide Dhekiajuli P.S. Case No. 660/2016, under sections 302/34 of the IPC.

4. Police accordingly investigated the case, recorded the statement of the witnesses and collected the medical report/post mortem report, etc. and after completion of investigation, the case was charge sheeted against 8 (eight)

accused persons, under Sections 302/323/34 of the IPC.

5. After receipt of the charge sheet, the case was accordingly committed before the Court of learned Sessions Judge, Sonitpur and thereafter, it was again transferred to the Court of learned Addl. Sessions Judge, Sonitpur, Tezpur, for trial. Initially the charge was framed against the accused persons under Section 302/34 of the IPC, but subsequently, the charge was altered and accordingly framed under Section 302/324/325/149 of the IPC.

6. During the course of trial, the prosecution has examined as many as twelve (12) Witnesses including the informant, the Investigating Officer and the Medical Officer. The accused persons took the plea of total denial and while recording their statement under Section 313 of the Cr.P.C and they declined to adduce evidence. The learned Trial Court after hearing the arguments, put forward by the learned counsels for both sides passed the impugned judgment and order. Out