The Gauhati High Court has altered a murder conviction arising out of a long-standing land dispute, holding that the incident was the result of a sudden fight rather than a pre-planned killing. The Court also upheld the acquittal of six co-accused persons, finding insufficient evidence against them.
Background of the Case
The case stemmed from a 2007 incident in Assam’s Sonitpur district, where one Musa Ali died after being attacked during a dispute over agricultural land. According to the prosecution, the deceased and another person were ploughing leased land when they were allegedly assaulted by multiple accused persons armed with weapons.
The trial court had earlier convicted Fazar Ali, while acquitting six others. Over the years, the matter went through multiple stages, including a remand for further evidence. Eventually, in 2023, the trial court convicted Fazar Ali under Section 302 IPC (murder), prompting appeals from both sides.
Hearing the appeals together, the division bench closely examined inconsistencies in witness testimonies and the surrounding circumstances of the incident.
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The Court noted that the dispute was essentially over possession of cultivable land, and evidence suggested that both sides were involved in the confrontation. Medical records showed injuries not only to the deceased but also to the family members of the accused.
“The materials on record indicate that there was a quarrel between two groups which escalated into a sudden fight,” the bench observed.
Importantly, the Court highlighted that while multiple witnesses gave varying versions, there was consistent evidence that Fazar Ali had struck a blow with a dao (sharp weapon) on the deceased’s head.
At the same time, the Court found no clear proof of premeditation or intention shared by others. It also took note of the absence of key witness Mainul Haque, whose testimony could have clarified the sequence of events.
The High Court declined to interfere with the acquittal of the six co-accused. It held that mere presence at the scene was not enough to establish participation in an unlawful assembly or shared intent to commit murder.
“The evidence against the co-accused is not consistent or sufficient to prove their involvement beyond reasonable doubt,” the Court said.
It further emphasized that appellate courts should be cautious in overturning acquittals unless the trial court’s view is clearly unreasonable.
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On the question of Fazar Ali’s conviction, the Court ruled that the case did not meet the threshold of murder under Section 302 IPC. Instead, it applied Exception IV to Section 300 IPC, which covers deaths caused during sudden fights without premeditation.
Accordingly, the Court modified the conviction from murder to culpable homicide not amounting to murder under Section 304 Part I IPC.
“The act was committed in the course of a sudden altercation and cannot be treated as a case of murder,” the bench held.
Fazar Ali was sentenced to 10 years of rigorous imprisonment along with a fine of ₹10,000, with a default sentence of three months.
Both appeals were disposed of, and the trial court’s judgment was modified to this extent.
Case Details
Case Title: Abul Basfar vs State of Assam & Ors.
Case Number: Crl. A. 247/2025 & Crl. A. 30/2024
Judge: Justice Michael Zothankhuma & Justice Kaushik Goswami
Decision Date: 20 April 2026
