STATE OF ASSAM Vs. ABDUL KUDDUS

JUDGEMENT

(1.) This appeal by the State of Assam is directed against the judgment and order dated 31.8.98 passed by the Additional Sessions Judge, Nagaon in Sessions Case No. 8(N)/95 whereby the respondent accused persons were acquitted of the charge under Sections 302/323/34 IPC.

(2.) Heard the learned Public Prosecutor assisted by Mr. H.R.A. Choudhury on behalf of the appellant and Mr. J.M, Choudhury, Senior Advocate for the respondents.

(3.) On 17.2.94 Md. Abdul Kuddus Khan lodged a written FIR (Ext.1) before the Choudhury Bazar Police Out Post stating inter alia that on that clay at about 2 P.M. while his elder brother Abdul Hakim was returning home from Masjid, six accused persons named in the FIR attacked him and assaulted him. Hearing the shout for help of Abdul Hakim, another elder brother of the informant namely Md. Abdul Karim and one of his neighbour Md. Abdul Kalam rushed to the spot and intervened whereupon those two persons were also assaulted. The injured persons were taken to hospital and Abdul Karim succumbed to the injuries. Police after usual investigation submitted charge sheet against all the six accused persons. The learned Addl. Sessions Judge, Nagaor. framed charge under Section 302/323/34 IPC. During trial, prosecution examined as many as eight witnesses. On conclusion of the trial, the learned Addl. Sessions Judge acquitted the accused persons and hence the appeal.