RAFIT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr.G.K. Bhattarcharyya, learned Sr. counsel assisted by Mr. P. Sarma and Ms. R. Chakraborty learned counsel appearing for the petitioner. Also heard Mr. J. Mullah, learned counsel assisted by Ms. P. Das and Ms. T. Sarma, learned counsel representing the respondents.

(2.) By means of this revision petition the petitioner has challenged the judgment and order dated 19.6.2004 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 1 of 2004 by which the respondent Nos. 2 to 8 were acquitted from the charges under Sections 302/34 of the Indian Penal Code, 1860 (for short, IPC)

(3.) The prosecution case, in brief, is that on 24.10.2001 one Md. Rafit Ali, P.W.-2 lodged an ejahar with Barpeta Police Station alleging inter alia that on the said date at about 12.30 p.m. while his son Abdul Ali, the deceased, was busy in cutting branches of a tree nearby his homestead at Khandakarpara Bhella, the respondent Nos. 2 to 8 kidnapped his son and then assaulted on his head by deadly weapon like sword. On being informed, while his mother Musstt. Arfatun Nessa (P.W.3), along with others came to rescue Abul Ali, the respondents further assaulted Arfatun Nessa, (P.W.-3), Digu Ali @ Jibu Ali, Mira Begum by sharp cutting weapons. The injured were sent to Barpeta Civil Hospital and considering the seriousness of the injury sustained by Md. Abul Ali (deceased), he was referred to Advance Neuro Science Hospital at Ganeshguri, Guwahati (hereinafter called as 'the Hospital') where he was admitted on 24.10.2001 and subsequently in the said Hospital, he succumbed to his injuries on 20.11.2001 at 5.40 a.m.