STATE OF ASSAM Vs. KALAI MIA

JUDGEMENT

(1.) This appeal against acquittal U/S 378(1)(3) Cr.P.C. is directed against the judgment and order of acquittal dated 29.6.90 as passed by learned Sessions Judge, Nagaon in session case No. 112(NH)/85, thereby acquitting the accused respondents of offences punishable U/Ss. 395, 396 and 397 IPC and Section 302 read with Section 34 IPC, giving them the benefit of doubt. Aggrieved by the same the State has preferred this appeal.

(2.) Briefly stated the prosecution case was that on the night, intervening 7th and 8th of May, 1981, the accused respondents broke open the door of the house of Md. Abdul Khaleque and assaulted him with lathis and dagger. Md. Abdul Khaleque succumbed to the injuries almost instantaneously and died on the spot. Thereafter, the complainants Md. Abdul Latif's mother, sisters and brothers were tied with rope and assaulted. These miscreants decamped with cash, gold ornaments and other valuables, such as, wrist watch, ear-rings, radio as can be seen from the first information Report, Ext. I. Dacoity with murder was committed as a sequal. The deceased Md. Abdul Khaleque has testified against the accused in a criminal case and was openly threatened with dire consequence by the accused for having deposed against them. As a sequal this dacoity with murder was committed. The Ejahar, Ext. I was lodged at Hojai Police Station in the small hours, around 4.00 A.M. on 8th May, 1981 on the basis of which a case U/S 395/396 IPC was registered and taken under investigation by sub-Inspector J. Ahmed. During the course of investigation the I.O. visited the place of occurrence, prepared a sketch map, examined the witnesses, seized the lamp along with other articles, held inquest on the dead body of Abdul Khaleque which was sent for post-mortem examination at Nagaon Civil Hospital and on completion of investigation twelve accused persons were charge-sheeted. The accused Namar Ali expired and the trial proceeded against the eleven. Prosecution examined, as many as, eight witnesses in support of the charges. The defence stand as can be gathered from the statements of the accused recorded U/S 313 Cr.P.C. and the trend of cross-examination was one of plain outright denial of the prosecution case as a whole.

(3.) It was Dr. Goswami who had conducted the post-mortem examination but by the time his evidence could be recorded he had left for the middle east, so Dr. B.C. Kalita, P.W. 3 who had worked together with Dr. Goswami and who was conversant with his writing was examined to prove the post-mortem examination report. The following external injuries were found on the dead body of Abdul Khaleque. <FRM>JUDGEMENT_219_GAULT3_1998Html1.htm</FRM>