STATE OF ASSAM Vs. BALAI CHOUDHURY

JUDGEMENT

(1.) THE material -facts of the prosecution case disclose that one Zamal Uddin is deceased. PW -3 is his brother. PW -3 went to the lottery shop of the accused 3 and later when he was playing lottery the deceased came and told PW -3 not to play lottery while asked the accused 3 not to sell tickets to his brother. An altercation ensued, in which the accused 1 and

(2.) WHO are brother and father of the accused 3 also joined in the scuffle. Accused 3 pushed the deceased into a drain and later stabbed on his thigh with a knife and as a result the artery was cut resulting in profuse bleeding and the deceased succumbed to the injuries. When PW -1 ~ another brother of the deceased ~ came to the spot the deceased made oral dying declaration that it was the accused 3 who pushed him into the drain and caused the injuries and he gave a complaint with the local police afterwards. 2. After receiving a complaint from the brother of the deceased, police visited the spot, sent the dead body for post -mortem, recorded statement of the material witnesses and on completion of the investigation filed charge -sheet. Accused -persons were charged for committing offence under section 302 and 323, read with section 34 of the IPC.

(3.) THE trial court finds that the FIR is not recorded at the earliest, as also the examination of the informant. The version of PW -3 would show that the accused 3 has pushed the deceased into the drain. There is no further proper explanation as to the fact that the accused 3 also got into the drain to stab on the thigh of the deceased. On the basis of the evidence on record and the discrepant evidence of PW -3 the trial court has acquitted all the accused -persons. Hence the State is in appeal.