Guwahati: In a rare display of judicial sensitivity, the additional sessions judge of the Dhubri sessions court stepped outside the traditional courtroom setting to ensure justice was delivered in a 16-year-old murder case — the oldest pending matter in the court.Two of the accused, Sirajul Haque (A-2) and Moinul Haque@Khuta (A-6), had filed applications on Jan 6 this year pleading that they were paralysed and bedridden. The judge visited the homes of the two accused on Jan 19 to record their statements of defence and acknowledged the assistance of additional public prosecutor Dinesh Choudhury and OC of Dhubri police station.“Without their assistance, the recording of statements of defence could not be possible till the recovery of A-2 and A-6 and period of which is highly uncertain and in that scenario the trial would be lingering for years to come,” additional sessions judge Syed Burhanur Rahman noted in his order.On Tuesday, the court adapted once again. The judgment and sentencing hearings for the two accused were conducted in the parking area of the court’s premises “as there were difficulties on their part to come inside the court room,” the judge added.Additional public prosecutor Dinesh Choudhury told TOI, “The two accused were in ambulances in the parking area and they were not in a condition to climb to the court room on the first floor. The judge himself came down and for the judgment as well as the sentence hearing for the two in the parking area. This is rare and exemplary display of judicial sensibility, which is unheard of.”All eight accused — Saminul Hoque, Sirajul Haque, Abdul Matin Sk, Mansur Hussain @ Naria, Anisur Rahman @ Khetkhata, Moinul Haque @ Khuta, Atowar Rahman @ Jalchora and Mostafijur Rahman @ Matu — were convicted under Section 304 Part I of IPC read with Section 149 IPC.They were sentenced to eight years of rigorous imprisonment (RI) each and fined ₹10,000, with a default penalty of three months’ further RI.The court also directed the superintendent of Dhubri Jail to immediately take the two paralysed accused to Dhubri Medical College and Hospital for medical examination and treatment as advised by doctors. Notably, no medical certificate had been furnished by the defence to substantiate their paralysis claims.According to the FIR filed by one Azizur Rahman on Jan 11, 2010 at Dhurbi police station, his younger brother, Anowar Hussain, was attacked at Adabari Chowmore by a group of men armed with rods, khapor and sharp weapons. Anowar sustained grievous injuries to his head and body and was rushed to Dhubri Civil Hospital and later GNRC Guwahati, but succumbed to his injuries after ten days.The post-mortem report mentioned by the court confirmed multiple blunt force injuries to the head. A chargesheet was filed on Nov 21, 2011, and charges were framed on May 16, 2013.
