STATE OF ASSAM Vs. ASHIK ALI

JUDGEMENT

(1.) The instant appeal has been preferred by the State against the judgment dt. 17/4/2008 passed by the learned Addl. Sessions Judge (FTC), Karimganj in Sessions Case No. 72/2006. By the same judgment, the respondents-accused have been acquitted.

(2.) The criminal law was set into motion by lodging of an Ejahar by one Muminur Rahman (PW3) on 1/4/1998, at 7.40 am. It has been stated that on the previous night of 31/3/1998 between 2 to 2.30 a.m., some dacoits attacked their house and took away gold ornaments and cash. The dacoits had also shot in the leg of the cousin of the informant Akaddas and had also shot his uncle Muhammad Ali resulting in his death. The informant had, however stated that he could not identify any one of them.

(3.) Based on the said Ejahar, the formal FIR was lodged and investigation began. After the investigation, charge sheet was laid against five accused persons. However, one accused person had absconded and therefore, the trial had proceeded against four nos. of accused persons.