HAREJ ALI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. A.I. Uddin, learned counsel appearing for the appellant. Also heard Mr. A.K. Bhattacharjee, learned Senior Counsel assisted by Mr. B. M. Chowdhury, learned counsel appearing for the respondent Nos. 2 to 7 as well as Mr. K.A. Mazumdar, learned Additional Public Prosecutor, Assam appearing for the State respondent.

(2.) This is an appeal preferred by the appellant under Sec. 372 of the Code of Criminal Procedure, 1973 against the Judgment and Order dated 14.05.2010, rendered by the learned Addl. Sessions Judge (FTC) No. 2, Kamrup acquitting the respondent Nos. 2 to 7 in Sessions Case No. 171(K)/2003.

(3.) One Md. Harej Ali lodged an FIR on 19.07.1999 before the Officer In-charge, Chhaygaon Police Station informing that at about 12-30 A.M. while he was sleeping in his house, on hearing something being pulled away from the front courtyard of his house, he got up from the bed and saw two persons trying to take away a piece of timber kept in the out-house. Seeing that, he suspected them as thieves and awakened his sons, namely, Tayab Ali, Allauddin Sheikh and Abdul Mazid and went in search of the thieves. They found Kala Ali and Bahar going out from his compound and when his sons intercepted them in front of his house, they inflicted grievous injury to his sons by stabbing them with sharp weapons. In the meantime, brothers of Kala Ali, namely, Isuf Ali, Sundar Ali, Sonful Ali and another person, Abdul Ali, arrived there and all of them assaulted Tayab Ali and thereafter took him to the house of Kala Ali whereupon he was tied up and confined. His two daughters, namely, Ms Rupjan Nessa and Ms. Tahiron Nessa having proceeded to the road to enquire about the incident, were also assaulted by the accused persons. He later on went to get his son Tayab Ali back from the house of Kala but the accused persons restrained him. Later on, at about 2-30 A.M., he got his sons admitted in Gobordhan Hospital with the aid of police personnel but Tayab died within 15 minutes of his arrival at the hospital and his other two sons were undergoing treatment.