In a significant judgment delivered under extraordinary circumstances, the Court of the Additional Sessions Judge, Dhubri, on Tuesday, February 24, convicted eight persons in connection with the fatal assault of Anowar Hussain in January 2010.
Additional Sessions Judge Syed Burhanur Rahman sentenced the eight convicts to rigorous imprisonment for eight years each and imposed a fine of Rs 10,000 after holding them guilty under Section 304 Part I read with Section 149 of the Indian Penal Code.
The case (Sessions Case No. 31 of 2013, arising out of FIR No. 25/2010 of Dhubri Police Station) stemmed from a violent incident on January 11, 2010, at Adabari Chowmore under Dhubri Police Station jurisdiction.
According to the prosecution, led by Additional Public Prosecutor Dinesh Choudhury, the victim was allegedly restrained and assaulted with iron rods, grill bars and other blunt objects around 7:30 am over a monetary dispute reportedly involving Rs 500. Hussain sustained grievous head injuries and later succumbed to his injuries while undergoing treatment in Guwahati.
The FIR was lodged on January 12, 2010. A charge-sheet was filed on November 21, 2011, charges were framed on May 16, 2013, and evidence began on July 5, 2013. The judgment was reserved on February 17, 2026, and pronounced on February 24, nearly 17 years after the incident.
During the trial, the prosecution examined 14 witnesses, including eyewitnesses, investigating officers and the medical officer who conducted the post-mortem examination. Medical evidence established that death occurred due to coma resulting from ante-mortem blunt force head injuries. The Court held that the accused formed an unlawful assembly and shared a common object, thereby attracting vicarious liability under Section 149 IPC.
The defence argued discrepancies in witness testimonies, non-recovery of the weapon of offence and absence of independent witnesses. However, the Court ruled that minor inconsistencies did not weaken the prosecution’s case and that non-recovery of the weapon was not fatal in the presence of reliable ocular and medical evidence.
In the final stages of the trial, two accused Sirajul Haque and Moinul Haque alias Khuta filed petitions stating they were paralysed and bedridden. Considering the age of the case, Judge Rahman personally visited their residences to record their statements under Section 313 of the Code of Criminal Procedure (corresponding to Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an uncommon step taken in exceptional circumstances.
The judgment was also pronounced within the court premises but outside the regular courtroom, with one convicted accused present inside an ambulance due to medical reasons. The Court ensured compliance with procedural safeguards while accommodating health constraints.
With Tuesday’s pronouncement, the long-pending case stands concluded at the trial court level.
