NUR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dated 9.9.94 passed by the Sessions Judge, Morigaon in Sessions Case No. 10(M) 92 (GR 430/88) whereby Sessions Case No. 67 (N-M) 91 the learned Sessions judge convicted the accused appellant Nur Islam u/s 304 Part-I, IPC and sentenced him to Rigorous Imprisonment for eight years and to pay a fine of Rs.500/- in default further Rigorous Imprisonment for one month.

(2.) The prosecution case in brief is that in the month of July/August, 1988, when flood occurred in Sakomako area under Jagiroad Police Station, a large number of villagers were taking shelter in the relief camp established on Sakomako hillock. On 1.8.88 a quarrel took place between the deceased Abubakkar Siddique and the accused appellant Nur Islam over an oar. The prosecution case is that accused Nur Islam gave a dagger blow on the person of Abubakkar Sidique and at the relevant time he was accompanied by four other accused persons. Abubakkar sustained injuries and he died.

(3.) The trial court framed charge u/s 302/ 34, IPC, and on conclusion of the trial, convicted and sentenced the accused appellant as aforesaid and four other accused persons were acquitted. Hence, the present appeal.