PARAMESWAR REDDY ALIAS BABURAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.12.2006 passed by the learned Additional Sessions Judge, No. 2 (Ad-hoc), Tinsukia in Sessions Case No. 118 (T) of 2004.

(2.) The case of the prosecution, as unfolded, at trial, was, in brief as follows :

(3.) On 01.06.2003 at about 9 p.m., Md. Akhtar Hussain (hereinafter called, 'the deceased'), who was the elder brother of the first informant namely Md. Jalim Hussain (PW No. 1) was attacked and assaulted by the accused-appellants namely Shri Parameswar Reddy @ Baburam, Shri Shibaram Reddy and Shri Nagraj Reddy with a dao (a sharp cutting weapon), in front of the house of Shri Bhim Bahadur Dorjee (PW 6) at village - Dighali bari, as a result of which the deceased sustained injuries and succumbed to the same. An FIR being lodged with the Officer-in-Charge, Panitola Police Out-post, by the PW 1 informing the police about the said occurrence, Police registered a case under Sections 302/34 of IPC and launched investigation into the matter. During the investigation, police seized the incriminating weapon (material Exbt. 1) i.e. the dao from the place of occurrence, got the autopsy of the dead body of the deceased done by a Medical Officer, prepared the sketch map and recorded the statement of the witnesses, collected the inquest report and the post mortem examination report in respect of the dead body of the deceased.