RIAZUDDIN AHMED Vs. SIDDIQUE ALI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 08.07.2014, passed by the learned Sessions Judge, Barpeta, in Sessions Case No.46/2007, acquitting the respondent Nos.1 to 7.

(2.) We have heard Mr. J Ahmed, learned counsel for the appellant. Also heard Mr. U.C. Rabha, learned counsel for respondent Nos. 1 to 7 and Ms. S Jahan, learned Addl. Public Prosecutor, Assam for the State respondent No. 8. We have also meticulously gone through the evidence and materials on record.

(3.) The case of the prosecution may be stated thus: on 11.05.1995, one Taijuddin, brother of the informant (PW-1), was abducted from the Eddgah field, while he was playing carom board. Jamaluddin, brother of Taijuddin, when went for rescue of Taijuddin, he was also detained by the accused persons. The abductors threatened to kill them unless they pay Rs.10,000/-. The PW-1 lodged the FIR (Exhibit-3), on the basis of which police registered Barpeta Police Station Case No.297/1995 under Sections 365/342/325/34 IPC and commenced investigation. On 13.05.1995, the bodies of both the victims were recovered, which were found buried in a field. The dead bodies were exhumed by police during investigation, inquest reports were prepared, post-mortem examination was conducted and on conclusion of investigation, charge-sheet was laid against 13 accused persons, out of whom, three of the charge-sheeted accused persons expired and trial commenced against 10 (ten) accused persons.