FAZRAT ALI(MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) 14.09.2009 was a day of Ramadan - a pious month of Mohammadan religion. Fazrat Ali (PW-2) went to Bongaigaon leaving his wife - Samina Bibi (PW-3), his sons - Haminur Rahman @ Sultu (the victim), Md. Mofil hussain (PW-5) and Saminur Rahman(PW-12) and his daughter-Hasina Khatoon, home at Dhubri. Haminur went to spend the night with his cousins - Rafique Haque (PW-8),Nur Alom (PW-14) and Mohibul Haque (PW-7), who happened to be the sons of Taimuddin (PW-4). Taimuddin is the brother of Fazrat - the father of the victim and their houses were contiguous. Hamidur shared the bed with Mohibul and Rafique and Nur Alom shared another bed on that night. As it was a night of summer, the door of the room was kept open. Taimuddin slept at the adjacent room. The switch of the light of the room, where the boys were sleeping, was in the room of Taimuddin.

(2.) At about 1-1:30 a.m. Mohibul suddenly heard some sound and saw Haminur fallen on the floor from the bed. He raised a hue and cry. Hearing his cries, the other two present in the room - Rafique and Nur Alom-got up. But as the light was off, they could not gather anything immediately. Hearing his cries, Taimuddin got up and Samina (PW-3) also rushed to the room from her house. Taimuddin lit the light and all of them found Haminur lying on the floor, his throat cut and bleeding profusely. Seeing the same, Taimuddin fainted. Anowar Ali (PW-1) - the Secretary of the VDP - rushed to the house of Taimuddin and finding the boy, called the police over his mobile. In the meantime, Haminur succumbed to his injuries.

(3.) Fazrat was informed about the incident over telephone. He returned home and lodged the FIR (Ext-1) before Gauripur Police Station on 15.09.2009. One Farid Master wrote the same for him. The case was registered as Gauripur Police Station case no. 376/2009 u/s 302 IPC. It is pertinent to mention herein that nobody was named in the FIR, even as a suspect. After some days, Mina Babu(PW-13) informed the police that the accused-Arsad Ali-had made an extra-judicial confession before him that he had killed Haminur and Anowar Ali(PW-1) also echoed that the accused made such a statement before him and other co-villagers too. Samina also alleged that she saw the accused and his brother-Askar Ali-fleeing from the house when she arrived there and thus, the accused was arrested by the police and sent for trial.