MOSLEMUDDIN Vs. SAMAR ALI

JUDGEMENT

(1.) THIS revision petition is intended to assail the judgment and order dated 8. 7. 97 passed by learned Addl. Sessions Judge, Nagaon, in Sessions Case No. 122/91. The informant of the case is the petitioner here.

(2.) ON 12. 10. 90, it is alleged that respondent Omar Ali had started a quarrel, in connection with the act of shifting and displacement of his fishing net, with the informant/ petitioner while the petitioner/informant was making and clearing a small water channel to let the fishes enter into his pond. Soon thereafter the remaining respondents armed with weapons like, stick, chopper, axe etc. appeared at the spot and conjointly started assaulting the inmates of the house of the informant/petitioner. The inmates including female members sustained injuries and walls of the house was damaged (narration of details avoided ).

(3.) FIR being lodge, case was registered and investigated by police under Sections 147/148/302/427, IPC. Charge-sheet was submitted, case was committed to Court of Sessions and on trial all the respondents were acquitted by the learned Sessions Judge, holding, inter alia, that the witnesses examined by prosecution were not at all trustworthy and accusation was not eastablished on evidence beyond all reasonable doubts etc. 7 (seven) witnesses for prosecution and one for defence were examined. There was also a cross-case instituted by the respondents under Sections 324/34, IPC, against the informant/ petitioners and two of his brothers, namely Kasem and Idris.