SOWAB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Goswami, learned amicus curiae and Ms. S. Jahan, learned Addl. Public Prosecutor, Assam. The material facts of the prosecution case disclose that one Abdus Subhan is the deceased. Accused also belongs to the same religion. The accused and the deceased, after offering Namaj, on 17.05.2004, were returning to their home and on the way, there was heated exchange of words between the accused and the deceased. The accused, with a lathi, assaulted the deceased and dealt one blow. The deceased became unconscious and he was taken to Karimganj Civil Hospital for treatment. From Karimganj Civil Hospital, the deceased was taken to Silchar Civil Hospital. Thereafter, the deceased was referred to a private neurological hospital at Guwahati for specialized treatment. However, the deceased succumbed to his injuries on 21.05.2004.

(2.) Inquest is held on the dead body and dead body is also subjected to post mortem examination. Post mortem report discloses that death is due to subdural hematoma on account of the head injury and death is homicidal.

(3.) P.W. 1, PW3 and PW4 are the eye witnesses to the incident. The Investigating Officer, after completion of investigation, filed the Final Report and the accused is charged for committing offence under Section 302 IPC.