MD. HAZRAT ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Sk. Muktar and Mrs. P. Lahkar, learned Counsel for the appellant as well as Mr. K.A. Mazumdar, learned P.P., Assam.

(2.) Facts briefly stated, as projected in the prosecution case, is (are) that on 19.10.88 at about 2 A.M. accused Sahar Ali @ Sahir Ali and Hazrat Ali, the appellant, entered the house of Md. Miaruddin Sheikh (hereinafter referred to as the deceased ) and killed him by assaulting with axe and dagger. On raising alarm by the wife of the deceased, Siratan Nessa (P.W. 5), she was threatened with dagger and caught by her neck. At that time, P.W.-5 could recognize and identify the accused person including the appellant in the light of a burning lamp. However, the accused persons fled away on arrival of the neighbours. An FIR was lodged to that effect by P.W. 5 herself whereupon the Dhula police registered a case being Dhula PS. Case No. 50/88 under Sections 457/302 IPC.

(3.) After investigation, police submitted chargesheet against both the accused persons namely Sahar Ali @ Sahir Ali and Hazrat Ali, the appellant under Sections 457/302/34 IPC.