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BEFORE HONOURABLE MR. JUSTICE MIR ALFAZ ALI HONOURABLE MR. JUSTICE S. HUKATO SWU Date : 28-02-2020 Page No.# 2/14 JUDGMENT & ORDER M.A. Ali, J This appeal is directed against the judgment and order dated 21.12.2016 passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 06(N)/2004. By the said judgment, the learned Sessions Judge convicted the appellants under Section 302/448 IPC R/W Section 34 IPC and sentenced them to imprisonment for life and fine of Rs. 1,000/- each with default stipulation under Section 302 IPC. The appellants were further sentenced to rigorous imprisonment for one month under Section 448/34 IPC.

2. As per prosecution case, on 13.10.2002, at about 8 AM in the morning, when the victim Sarifuz Zaman was taking tea in the tea stall of Abdul Latif, the accused/appellants entered the tea stall and brutally killed Sarifuz Zaman by inflicting multiple stab injuries with dagger. After committing the offence, both the appellants went to the police station, which was nearby and surrendered themselves before police. Hearing commotion, the members of the victim's family arrived there, who found the victim lying in a pull of blood in the tea stall. The brother of the victim Wahiduz Zaman (PW-2) lodged the FIR, on the basis which, police registered Rupahihat P.S. Case No. 143/2002 under Section 448/302/34 IPC. During investigation, police arrested the appellants, seized the weapon of offence and other incriminating articles, recorded statement of the witnesses, prepared inquest report and sent the body for postmortem examination.

5. On completion of the investigation, charge sheet was laid against three accused persons, namely, Dr. Abdul Hai and the present appellants. The offence being triable exclusively by the court of Sessions, learned Magistrate having taken cognizance, committed the case to the court of Sessions. Learned Sessions Judge framed charges against the appellants under Section 302/324/448/506 IPC R/W Section 34 IPC, to which, all of them pleaded not guilty.

6. In course of trial, 16 witnesses were examined by the prosecution in order to bring home the charges. After completion of the evidence, statement of the accused persons were recorded under Section 313 CrPC, wherein the appellants, Sultan as well as Dr. Abdul Hai pleaded innocence. However, appellant Zaffar admitted his guilt and stated that having found the victim in the tea stall, he inflicted injury to him by dagger and surrendered to the police. On appreciation of the evidence, learned Sessions Judge convicted the present appellants under Section 302/448 IPC R/W Section 34 IPC. However, acquitted the co-accused, Dr. Abdul Hai and set him free.

30. In view of the above facts and circumstances, we are of the considered opinion that the prosecution has proved the charge under section 302/448 IPC against both the appellants beyond all reasonable doubt and as such, we find no reason to defer with the conclusion arrived at by the learned trial Court to convict the appellants under section 302/448 IPC and Page No.# 14/14 therefore, we find no merit in this appeal. Accordingly, the appeal stands dismissed.