MAKTAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The sole appellant Md. Maktar Ali has been convicted under Section 302 of Indian Penal Code and sentenced to imprisonment for life and fine of Rs.5,000/- with default stipulation.

(2.) The victim of the incident was Sirajuddin Choudhury, aged about 70 years.

(3.) According to the prosecution case, Sirajuddin was resident of village Jamira. On 7.4.2003, around 7 a.m., he visited the house of his daughter at Sahabad, where she is married. Around 11 a.m., he left his daughter-s house and was waiting for bus in front of the Tea Stall of Giasuddin (PW-7) at Sahabad Bazar in order to return home. At that point of time, the appellant, out of some previous grudge, suddenly came and hacked him on the back of his head and back of shoulder with a sharp dao. After causing injuries to Sirajuddin, the appellant ran away. Son-in-law Azir Akmad Laskar (PW-4) of Sirajuddin was immediately informed, who came and carried him to Lala Police Station in an Auto Rickshaw. But, Purnananda Konwar (PW-14), Officer Incharge of the Police Station sent Sirajuddin to Primary Health Centre, because his condition was serious and needed emergent medical care. The doctor of the Primary Health Centre, having regard to the critical condition of Sirajuddin, further referred him to Hailakandi Hospital, where he was declared as -brought dead-.