ATIQUR RAHMAN MAZUMDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. B. Dutta, the learned counsel for the petitioner and Mr. F. H. Laskar, learned P.P.

(2.) In GR Case No. 671 of 1989 of the Court of Chief Judicial Magistrate, Hailakandi, the petitioner before us was tried for the offence under Ss. 148/149/326, IPC.

(3.) The prosecution allegation is that on 16-6-89 at about 9.30 a.m. while the victim Nurul Huda Choudhury was proceeding to attend his duties in school and reached near the house of Kutimia accused-Atiqur Rahman Mazumdar came there wearing a chadar and assaulted Nurul (PW-1) with a dao as a result of which he sustained serious injuries on his person. The other accused persons also arrived at the place of occurrence and it is alleged that they instigated the petitioner. On hearing alarm the other witnesses came whereupon the accused fled away.