MD NURUL HAQUE LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L. R. Mazumdar, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State and Mr. I. Alam, learned counsel for respondent nos. 2 to 4.

(2.) This appeal against acquittal has been filed by the informant Nurul Haque Laskar against the judgment and order dated 18.05.2015 passed by the learned Additional Sessions Judge, Silchar, in Sessions Case No. 21/2011, whereby, the learned Sessions Judge acquitted the respondent nos. 2 - 4.

(3.) The prosecution case as projected in the FIR (Ext.-1) was that on 12.06.2008, at about 02.30 p.m., the victim Taz Uddin Laskar blocked a channel used for irrigation, so as to divert water to their own land, which was objected by all the 7 (seven) accused persons named in the FIR. All of them were armed with spear, lathi, hoe, etc. and chased the victim Taz Uddin Laskar towards the house of Mizazur Laskar (P.W.1). The accused Mainul, Kamrul and Salim Uddin inflicted injuries on the head of the victim Taz Uddin by hitting with an axe and lathi and having received the injuries, the victim had fallen on the ground. Hearing hue and cry, P.W.7, Nurul Haque Laskar reached the place of occurrence and the accused persons attacked him too, with deadly weapons, however, one Muzi, Moyna and Badumiya rescued him. In the meantime, neighbouring people assembled and the accused persons left the place. The victim Taz Uddin was shifted to hospital, but he succumbed to the injuries. On the same day at about 05.30 p.m., P.W.7, Nurul Haque Laskar lodged the FIR, on the basis of which, police registered Borkhala Police Station Case No. 57/2008 under Sections 147/148/149/302, I.P.C. and commenced investigation. In course of the investigation, police recorded the statements of the witnesses, prepared the inquest report and sent the body for Post-Mortem examination. Dr. Gunojit Das (P.W.11) conducted the Post-Mortem examination, and found the following injuries on the body of the victim: