SAYEDA BIBIJAN BEGUM Vs. KISMAT ALI

JUDGEMENT

(1.) THIS revision petition is directed against the judgment and order dated 6. 12. 2004 passed by the learned Addl. Sessions Judge (Ad-hoc), Kamrup in Sessions Case No. 179 (K)/2004 acquitting the respondents/accused from the charge under Section 302 IPC.

(2.) THE prosecution case in short is that PW 2, Bibijan Begum (mother of the deceased Ajijur Rahman) lodged a FIR in the Hajo Police Station on 22. 12. 99 at about 5 p. m. stating that about 4/5 days prior to the incident there was an altercation between her son Ajijur Rahman and the accused persons named in the FIR over a boundary dispute. According to the first informant, at about 9 a. m. of the same day i. e. 22. 12. 99 when her son was coming home from the village chowk and had reached the frontside of the house of one Safique Ali, the accused/respondents, namely, Pahbar Ali, Md. Kiamat Ali, Md. Sana Ali, Md. Madul Ali, Md. Mohibur Ali and Md. Mojibur Ali accosted him and after tying his hands and feet took him to the house of accused/respondent Kismat Ali. Thereafter, according to the first informant, the accused persons bolted the doors and windows of the house and attacked Ajijur Rahman with different weapons causing grievous injuries on his person. According to the first informant, the accused/respondents hit Ajijur Rahman on his legs and hands with iron rod and sharp dagger and, in the process, had broken the bones of the victim and had also made him blind by pouring acid in his eyes. Thereafter, according to the first informant, the accused persons had left him outside the house of Kismat Ali, whereafter, the members of the household removed Ajijur Rahman to the hospital where he succumbed to his injuries.

(3.) WE have heard Sri A. B. Choudhury, learned senior counsel for the petitioner and Sri S. R. Bhattacharjee, learned senior counsel appearing for the accused/respondents. The Court had also thought it proper to receive assistance from Sri Z. Kamar, learned Public Prosecutor of the State.