MD. SAIFUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, learned senior counsel assisted by Mr. T. Deuri, learned counsel appearing for the appellant. Also heard Mr. M. Phukan, learned Public Prosecutor, Assam representing the State. None has appeared for the informant/respondent No.2.

(2.) By the judgment dtd. 19/9/2019 passed by the learned Additional Sessions Judge No.1, Kamrup(M), Guwahati in Sessions Case No.85(K)/2015 the sole appellant was convicted for committing the murder of his brother Sirajul Ali Ahmed by firing a bullet at him. Assailing the impugned judgment, the present appeal has been filed.

(3.) The prosecution story, in a nutshell, is that the deceased Sirajul Ali Ahmed was in his shop by the name 'Maazira Hardware' situated in front of the NRL Petrol Pump at Adabari, Guwahati when a quarrel started between him and his younger brother Md. Saifuddin Ahmed i.e. the accused regarding parking of a motorcycle and a bicycle in front of their shops. When the quarrel was going on, at around 7.45 a.m. on 10/2/2013, Ms. Rubi Begum i.e. wife of the accused had called her father-in-law Md. Soifuddin Ali Ahmed who came to the place and directed the accused to bring the gun and shoot down the deceased. Accordingly, accused Saifuddin brought the gun from his residence and fired at the deceased in front of the shop and in presence of local people including Md. Samsul Ali Ahmed, who is the elder brother of the deceased and his son Md. Jitu Ali.