FAIZUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant Faizul Ali was tied up for trial under section 307 of the Indian Penal Code in the court of learned Sessions Judge, Cachar at Silchar. The learned Sessions Judge, on receipt of the charge sheet submitted by the Investigating Officer, framed a charge under section 307, I.P.C. against the appellant, and thereafter the trial proceeded.

(2.) The prosecution case started on the basis of the F. I. R. lodged with the police by the injured Ambika Charan Roy himself to the effect that on 19.10.76 at about 8 p.m. the appellant Faizul Ali went to his house and asked for some kerosene oil. It was a dark night. After getting the kerosene oil the appellant asked for Rs. 50 from the complainant as loan. While the complainant refused, the accused appellant gave him dao blows on his shoulder at his back and right. The complainant, on receipt of such assaults which were grievous in nature shouted for the help. At his shouting some of his neighbours came but the accused fled away. The complainant did not name of his neighbours in the FIR. On the above allegation, the complainant lodged the ejahar on 20. 10.76 i.e. the next day of the occurrence with-the Ratabari Police Station, which is admittedly at a distance of about 30 k.m. from the village Srirampur where the occurrence took place. On receipt of the FIR., investigation commenced and subsequently trial was held in the court of learned Sessions Judge as narrated above.

(3.) While the charge was explained to the accused, he pleaded not guilty. Therefore, it was for the - prosecution to adduce evidence and to prove the guilt of the accused beyond all reasonable doubt.