NOOR ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) By the impugned judgment and order, dated 05.07.99, passed, in Sessions Case No. 29/97 the accused-appellant stands convicted under Section 324 IPC and sentenced to suffer rigorous imprisonment for a period of two years and pay a fine of Rs. 1,000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of two months.

(2.) The case of the prosecution may, in brief, described as follows: On the night of 19.01.96, Sahar Ali (PW 4), his elder brother, Jinnat (PW 1), Sahar's wife, Kamila (PW 3) and Jinnat's wife, Asiya (PW 2), who all used to live in the same house, got up to have their seheri (i.e. taking of meals before dawn during the period of Ramjan). After having his meals, Sahar Ali proceeded towards their latrine, located within their courtyard, and at that point of time, his wife (PW 3) was standing with a lamp in her hand in order to provide light to her husband, Sahar Ali, so as to enable him to proceed towards their latrine. When Sahar Ali was passing by the side of a jackfruit tree, the accused, who was hiding behind the said tree, abruptly came out and gave a blow, with a dagger, on the back of Sahar Ali. On receiving the blow, Sahar Ali cried out and, instinctively, turned back. When he so turned back, he saw accused Noor Islam with a dagger in his hand, Sahar Ali (PW 4) tried to catch hold of the accused, but the accused started running away. Injured Sahar ran after the accused. While the accused was so running away, Sahar's brother, Jinnat (PW 1), having recognized the accused, in the light of the lamp, which was kept lit at their courtyard, too chased the accused, but as injured Sahar Ali fell down after covering some distance, Jinnat Ali stopped and this enabled the accused to flee away. Injured Sahar Ali was, then, shifted to the Civil Hospital, Goalpara, for treatment and he remained there until 11.03.96. On the following day, i.e. on 20.02.96, a complaint was lodged by Jinnat Ali, in the Court of the Chief Judicial Magistrate, Goalpara, regarding the occurrence. This complaint was sent to the Officer-in-Charge, Pancharatna Police Station, and based on this complaint, police registered a case against the accused under Sections 447/324/307 IPC. During investigation, a dagger was seized by the police on being led by the accused from his house. On completion of the investigation, police laid charge-sheet against the accused under Sections 447/324/307 IPC.

(3.) To the charges framed against him under Sections 324 and 307 of the IPC, at the trial, the accused pleaded not guilty.