NAZIR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Choudhury and Mr. A. Ahmed, the learned counsels for the appellants. We have also heard Ms. B. Bhuyan, the learned Additional P.P., Assam, appearing for the State.

(2.) This appeal against conviction has been preferred by the 4 (four) appellants assailing the judgment and order dtd. 20/6/2018 passed by the learned Sessions Judge, Nalbari in Sessions Case No. 89/2016.

(3.) The prosecution case unfolded from the materials available on record is to the effect that at about 08:30 PM on 5/7/2004, the appellant No. 1, 2 and 3 suddenly attacked the victim Md. Nimuddin Ali with deadly weapon like lathi, degar, axe, spear etc, fell him down on the road. Thereafter, some villagers, including Khalil Ali took Nimuddin to his house in an unconscious state and thereafter, took the victim to Tihu Hospital on a vehicle and subsequently doctors declared Md. Nimuddin dead. It was also stated in the FIR that at the time of the incident, Md. Rafique Ali, the P.W. 3, was coming a little behind of Md. Nimuddin Ali and the said PW-3 fled away when one of the accused chased to attack him. It is also the case as narrated in the FIR that there had been a quarrel between the family of the deceased and the accused persons with regard to right of farming of land of Rajiv Gandhi College. On the next date of the incident i.e. on 6/7/2004, the brother of the victim viz. Md. Kashed Ali (PW-1) had lodged an ejahar before the Officer In-Charge of Tihu Police Station. On the basis of the said Ejahar, Tihu P.S. Case No. 41/2004 under Sec. 341/302/34 of the IPC was registered and the matter was taken up for investigation.