STATE OF ASSAM Vs. ABDUL JALIL

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 9.5.91 passed by the learned Addl. Sessions Judge, Nagaon in Session Case No. 38/87. By the impugned judgment, learned Judge accutted the accused persons from the charges u/s 341/302/114/34 IPC.

(2.) The accused persons were Abdul Jalil and Ayub Ali. The brief facts are as follows:

(3.) On 25.5.86 an ejahar (Ext.2) was lodged before the O/C Nagaon P.S. by one Jalaluddin stating that when he was sitting at his residence by the side ot'a sarkan road leading to Rupahi, at that time accused Abdul Jalil stabbed his brother Jalaluddin in the abdomen while he was returning from Herapatty. On hearing his alarm, PW-2 Rabi Hussain, PW Akbar AH and the informant himself rushed to the spot and they saw that the accused Jalil running away from place of occurrence. Jamaluddin, the deceased, told that Jalil struck in his belly with a knife. They also saw co-accused Ayub AH near the place of occurrence. They shifted the injured Jalaluddin to Nagaon Civil Hospital and thereafter PW-1 lodged a verbal ejahar which was drawn up by PW-6 and thereafter, case was registered u/s 341/326 IPC against accused Abdul Jalil. Thereafter, investigation starte:d, requisition was sent for with regard to recording dying declaration of the injured. PW-4 Dr Nurul Islam recorded the dying declaration, Ext. IA on 26.5.86. On 26.5.86 the IO visited the place of occurrence and drew up sketch map ext. 5. During investigation, the injured succumbed to injury, and as such, S. 302 IPC was added against the accused. The IO held the inquest on 27.5.1986. PW-4 Dr. Nurul Islam, M&H O.I. performed the postmortem examination on the dead body on 28.5.86. He found a stitched wound over the right side of the chest in eight interestal space about 1 in length. In his opinion bleeding due to the injuries was the cause of death.