LAWS(GAU)-2022-4-29

MD. ABDUL GONI Vs. MD. SIBIR AHMED

Decided On April 08, 2022
Md. Abdul Goni Appellant
V/S
Md. Sibir Ahmed Respondents

JUDGEMENT

(1.) Heard Mr. N. Haque, counsel for the appellant. Also heard Mr. A. Ahmed, learned counsel appearing for the respondent Nos.1-7 and Mr. P. Borthakur, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.8.

(2.) The present appeal has been filed by the complainant (appellant herein) being aggrieved by the acquittal of the accused persons (respondent Nos.1 to 7) vide impugned judgment dtd. 19/2/2018 passed by the learned Additional District and Sessions Judge, Fast Tract Court, Hojai, Sankardev Nagar in Sessions Case No. 275/2013 under Ss. 148/149/447/323/302 of the IPC by giving benefit of doubt.

(3.) The aforesaid criminal proceeding was initiated on a complaint lodged by the present appellant, Md. Abdul Goni before the Officer-in-Charge of Murajhar Police Station on 27/3/2012 alleging that at around 7:00 A.M. on 24/3/2012, the accused persons, namely, (1) Sibir Ahmed, S/o- Mukaddas Ali; (2) Misbah Uddin, S/o Akaddas Ali; (3) Taz Uddin, S/o Mukaddas Ali, (4) Nasim Uddin, S/o Akaddas Ali; (5) Akaddas Ali, S/o Late Madarish Ali; (6) Muktar Uddin, S/o Mukaddas Ali and (7) Abadur Rahman, S/o Akaddas Ali, (respondent Nos.1-7) started erecting a house on the land owned and possessed by him. It was alleged that as his father Md. Jamir Uddin prevented them (respondent Nos.1-7) from constructing the house, the accused persons hacked his father with sharp dao(s) and when the appellant went there to save his father Jamir Uddin, the accused persons also struck him with iron rod(s). The complainant also alleged that the accused persons had assaulted his wife Muslima Begum and mother Golapjan Begum, causing injuries to them.