MUSTT MONOWARA BEGUM Vs. MD MOINUL HAQUE

JUDGEMENT

(1.) Heard Mr. TU Laskar, learned counsel for the appellant. Also heard Ms. S Jahan, learned Additional Public Prosecutor, Assam appearing for the State respondent No.9 and Mr. AS Tapader, learned counsel for the respondent Nos.1 to 8.

(2.) This appeal has been preferred by the informant against the judgment and order dtd. 26/11/2018 passed by the learned Sessions Judge, Karimganj in Sessions Case No.30/2015, whereby the learned trial court had acquitted the respondent Nos.1 to 8 from the charges framed under Ss. 147/341/302/201 IPC.

(3.) The brief facts of the case is that the informant, who is the wife of the deceased, Badar Uddin, lodged an FIR on 23/6/2013 before the Officer-in-Charge of Patharkandi Police Station stating, inter alia, that on 22/6/2013 at around 7.30 A.M., someone called her husband on his mobile phone regarding purchase of firewood from his shop. Her husband was dealing with the business of firewood. On that day, at around 8 A.M., her husband left their house without taking food. After a while, she along with her brother-in-law, Fakar Uddin, also came out from their house to visit a Doctor. After going for about half a kilometer from their house, when her husband reached No.3 Dohalia, some miscreants armed with sharp weapons attacked him. Having heard the screaming of her husband, they rushed to the spot and saw that the accused No.1 Jakir Hussain was hacking her husband's neck with a sharp long dao. Immediately her husband fell on the ground. There were 7/8 other persons who were with the accused Jakir Hussain, who also assaulted her husband who was lying on the ground. Another accused, Moinul Hoque, also inflicted injury on her husband's throat with a dao.