ABU BAKKAR SIDDIQUE Vs. JAMELA KHATUN AND ORS.

JUDGEMENT

(1.) This appeal has been preferred by the first informant as appellant against the judgment and order dated 26.06.2012 passed by the learned Additional Sessions Judge, Barpeta in Sessions Case No.89/2008 acquitting the respondents from the charges under Sections 447/379/302/34 of the IPC.

(2.) The case projected by the prosecution, in brief, is that on 31.03.2008 at about 9 pm, the accused respondents armed with weapons like, lathi, spear (fala) etc. trespassed into the campus of the informant Abu Bakkar Siddique and assaulted his brother Osman Goni causing grievious injuries on his person and also committed theft of Rs.20,000.00 and one wrist watch from him. On the next day, the injured was shifted to hospital for treatment but he succumbed to the injuries in the Guwahati Medical College & Hospital, Guwahati. The written FIR relating to the occurrence was lodged by the informant Abu Bakkar Siddique on the next day of the occurrence on the basis of which a case was registered and on completion of investigation Charge-Sheet was submitted against the accused respondents.

(3.) During the course of trial, the prosecution examined 9 witnesses including the official witnesses. The accused respondents pleaded innocence in their defence statement recorded under Sec. 313 Crimial P.C. However, they declined to adduce defence evidence. The learned Additional Sessions Judge disbelieved the case of the prosecution and recorded acquittal of all the accused respondents. Hence, this appeal preferred by the first informant appellant Abu Bakkar Siddique challenging the judgment of the learned Additional Sessions Judge (FTC), Barpeta.