MD. ALI AKBAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision petition has been filed challenging the legality and validity of the order dated 29-03-2004 passed by the learned Sessions Judge, Nagaon in Sessions Case No.110(N)/2002 adding the petitioner as an accused in the said case and deciding to proceed against him alongwith the accused persons already on record.

(2.) The facts of the case may be briefly noted.

(3.) One Md. Hussain Ali as the informant had lodged a first information before the Officer-in-charge of the Nagaon Sadar Police Station alleging that Md. Giasuddin and his wife Musstt. Ashiya Khatun, who are his relatives and residents of the same village, had a quarrel with his sister-inlaw (younger brother s wife) on 31-03-2002 at about 7:30pm over a family matter. On the next day i.e., on 01-04-2002 at about 6:30am when he went to his paddy field, the above two persons (named as accused) chased him with a dagger. Fearing for his life, he went home and informed his father Hazarat Ali about the incident. Later on, Hazarat Ali informed the father of the accused No.1 Md. Ali Akbar about the same. Then, Hazarat Ali, Md. Ali Akbar and the informant together went towards the paddy field to confront the accused persons. They came across the accused persons on the road whereupon, the accused No.1 Md. Giasuddin stabbed Hazarat Ali in the chest with the dagger and fled away. Hazarat Ali died on way to the hospital.