(1.) Heard Mr. N Haque, learned counsel appearing for the appellant and Mr. MA Sheikh, learned counsel for the respondent accused persons. Also heard Mr. TK Mishra, learned Additional Public Prosecutor for the State of Assam.
(2.) An ejahar dated 07.06.2008 was lodged by one Harmuz Ali before the In-Charge of Alopati Char Police outpost, inter-alia stating that at around 10.30 pm on 06.06.2008 the accused Nos. 2 and 3, namely, Jasmat Ali, son of Abdul Aziz, Muktar Ali, son of Sahid Ali and Joban Ali, son of Abdul Aziz had called his nephew Almas, son of Abdul Gafur away from his home and took him to the house of accused No.1, Abdul Aziz, son of Late Jal Mahmud Munshi. It was also alleged that at the instance of the accused Abdul Aziz, the other accused persons had severely beaten up his nephew and killed him.
(3.) In the Judgment dated 28.09.2015 of the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No.207 of 2011, the learned Court below in paragraph-52 of its Judgment had quoted as such: