STATE OF ASSAM Vs. JOYNAL ABEDIN

JUDGEMENT

(1.) THE material -facts of the prosecution case disclose that on 11.9.1998 in the evening hours when one Asrafuddin and PW -3 and PW -4 were proceeding towards their village after attending court proceedings at a Nagaon Court and were near Dhing ~ a Nagaon district town ~ around nine persons forming themselves into an unlawful assembly, fired bullet at them from a pistol and Asrafuddin died as a result. The PW -3 and PW -4 were said to have informed the PW -2, the son of the deceased, who in turn informed the Dingh police about the incident. GD entry about the incident was made at around 7.05 PM on the same day, the contents of which are as follows:

(2.) THE prosecution case further discloses that PW -5, who was following the deceased, PW -3 and PW -4, rushed to the nearby military camp and reported the matter to the personnel present and later he was taken to the nearby police station by the jawans, to whom he informed about the incident.

(3.) POLICE came to the residence of PW -2 at around 2 AM of the following night. The PW -2 gave a written report, which is registered as FIR. In the FIR, the occurrence of the incident has been narrated and also the presence of the PW -3 and 4 as witness to the occurrence has been stated. Six accused persons have been named in the FIR. Police, in course of the investigation, found as many as 9 persons involved in causing the murder of the deceased and accordingly filed charge -sheet against the said nine accused for committing offences under section 147/148/302 read with section 149 of the IPC and section 27(A) of the Arms Act.