STATE OF ASSAM Vs. GOLBAR HUSSAIN

JUDGEMENT

(1.) This appeal under Section 370 of the Code of Criminal Procedure has been filed by the State challenging the judgment and order dated 29.7.2003 passed by the learned Sessions Judge, Dhubri in Sessions Case No. 20 of 2002 whereby the learned Sessions Judge has acquitted all the five accused persons from the offence of murder by forming an unlawful assembly.

(2.) We have heard Mr. Z. Kamar, learned Public Prosecutor for the State as well as Mr. K.C. Roy, learned counsel appearing for the accused persons/respondents. Sri HR Ahmed, learned counsel appeared for the informant and he was also heard. We have also gone through the impugned judgment and the evidence proffered by the prosecution in the trial court.

(3.) The defence case was of total denial. Though the accused persons were residing in the nearby village under the same police station of the deceased and the deceased was well- known to the accused persons they have expressed their ignorance about the murder of Hasen Ali and all the five accused persons took the plea of total denial and no evidence in defence was tendered in the trial court.