AMBIA KHATOON Vs. NIAMAT ALI

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 26.7.96 passed in Sessions Case No. 14(N)/94 U/S 302/323/ 34 IPC by the learned Sessions Judge, Nagaon acquitting the respondents. Being aggrieved thereby, the wife of the deceased has preferred this revision U/S 401 of the Code of Criminal Procedure, 1973.

(2.) I have heard Mr S. Medhi, the learned senior counsel for the revision petitioner and Mrs K. Deka, the learned PP, Assam.

(3.) The prosecution case is that on 30.9.92 at about 8.00 a.m. the deceased Nurul Islam, husband of the petitioner, of Dighaliatigaon was proceeding on his bicycle to the house of Akkas Ali on being summoned. When he was near the house of accused Niamat Ali, he was attacked and chased by Niyamat Ali, Taheruddin and others. They overpowered him. Nurul Islam tried to run towards the house of Idris and fell down. All the accused persons dragged him to the nearby paddy field and assaulted him with axe, sword, dagger, iron rod, iron axle and Jong.