MD. SAMED ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Rahman, learned counsel for the appellant. Also heard Mr. B. Sinha, learned counsel for the respondents No. 2 to 6 as well as Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This is an appeal against the judgment and order 08.04.2015 of the learned Additional Sessions Judge, (FTC) Dhubri in Sessions Case No.231/2014, whereby the accused appellant were acquitted of the charges framed under Section 302 IPC.

(3.) An ejahar dated 09.08.2012 was lodged before the Officer-in-Charge of Gauripur Police Station by Samed Ali inter alia stating that at around 7 pm on 09.08.2012 his younger brother Abed Ali along with one Nabizur Rahman had proceeded from their home to the Charaldanga Boubazar. On the way, the accused No.1 Zehirul Haque had asked his brother to stop saying that they have something to talk about and when his brother and Nabizur stopped on the road, the other accused persons who were lying in wait, held a discussion with the accused No.2, whereupon, the accused No.2 who was armed with lathi struck his brother with it. Immediately thereafter the other accused persons came and surrounded his brother from all sides and stabbed him near the right side of his waist with dagger.