JAHID ULLAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal filed by the private complainant is directed against the judgment dated 3.12.2013 passed by the Sessions Judge, Morigaon, in Sessions Case No.13/2013, whereby he has acquitted Respondent Nos.2 to 6 of the charges under Sections 147/148/325 and 302/149 of the Indian Penal Code.

(2.) The appellant is son of deceased Akter Uddin. He was also examined as an injured eye witness (PW-2).

(3.) According to the appellant's case, on 27.10.2012, at about 9 a.m., Akter Uddin along with his sons Nekib Ullah and Imdad Ullah (PW-8) was going to attend the Idd prayer. At that time, Abdul Mannash Ali (PW-4), brother of Akter Uddin was also accompanying them. But, on way, they were assaulted and grievously injured with lathi and fist blows by Respondent Nos.2 to 6. Respondent No.6 also gave a kick blow on the private part of Akter Uddin. Seeing the incident, appellant intervened, but he too was beaten up by Respondent Nos.2 to 6. Akter Uddin was taken to hospital where he died during treatment. Abdul Mannash and Imdad Ullah were provided treatment at Morigaon Civil Hospital. The appellant lodged ejahar exhibit 1 at Police Station Lahorighat, District Morigaon.