STATE OF ASSAM Vs. AZAD ALI

JUDGEMENT

(1.) Being unable to accept the verdict of acquittal passed by the learned Sessions Judge, Morigaon acquitting the accused/respondents from the charges under Sections 147/447/448/323/325/436 IPC in Sessions Case No. 16/2000 vide judgment and order dated 31.8.2001, the State of Assam preferred this appeal.

(2.) Heard Mr. K. Munir, learned Addl. P.P., Assam for the State of Assam and Mr. H.R.A. Choudhury, learned Sr. Counsel assisted by Mr. I. Uddin, learned advocate for the accused/respondents.

(3.) The prosecution case was initiated on the basis of an FIR dated 21.2.96 lodged by one Must. Pariban Nessa with the O/C, Morigaon Police Station who was examined in the case as PW 1 alleging interalia that on 20.2.96 at about 8.00 PM while her son Md. Mazibur Rahman was returning home an altercation took place with the accused persons who were engaged in erecting a gate for the Idd festival and after his returning home the accused persons namely Azad Ali, Tazimuddin Suleman Ali, Firoz Ali, Irfan Ali, Nurul Haque, Md. Pipili, Abu Hussain, Babuli, Dilwar Hussain and Danti armed with dao, Jathi etc. trespassed into their compound and assaulted her husband Md. Habibur Rahman. Accused also assaulted Md. Makinur Rahman, Miss Lilima Begum and Musstt. Pariban Nessa informant with the blunt edge of dao causing grievous injuries on their person. The injured persons were brought to the Civil Hospital for treatment. The accused persons also set on fire the dwelling house of the informant causing damage to the extent of Rs. 25,000/-. On receipt of the FIR said Morigaon PS Case No. 26/96 was registered and the process of investigation was undertaken by the investigating agency. During the course of investigation, the statement of the witnesses were recorded, injury report of the victim was collected, articles seized, accused were arrested and upon completion of the investigation having found a prima facie case, charge sheet under Sections 147/447/323/325/436 IPC was submitted against the accused. The case being triable by the Court of Sessions Judge was committed for necessary trial to the Court of learned Sessions Judge, Morigaon wherein it was registered as Sessions Case No. 16/2000. On the basis of the documents and materials submitted under Section 173 Cr.P.C. and upon hearing the prosecution and defence charges under the aforesaid section of law were framed against the accused persons and on being explained, they denied the charges and claimed to be tried.