LAWS(SC)-2008-5-209

HARENDRA SARKAR Vs. STATE OF ASSAM

Decided On May 02, 2008
HARENDRA SARKAR Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Mauza Sangamari Pathar is a small village. It is situated within P.S. Dobaka in the District of Nagaon in the State of Assam. The residents are principally agriculturists. Madhabtoli is a neighbouring village. Appellants are the residents thereof.

(2.) Taheruddin PW-2 was a resident of Changmazi Patghar. The distance between two villages is about one mile. He had been living in a house consisting of four rooms; each situated in different corners abutting a big court yard measuring 20' x 40'.

(3.) The incident occurred soon after the demolition of Babri Masjid. A communal riot had taken place. Curfew was imposed.