SHAHIDUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. AM Bora, learned senior counsel for the appellants. Also heard Mr.M Phukan, learned Additional Public Prosecutor for the State of Assam and Mr. G Baishya, learned counsel for the informant respondent No.2.

(2.) An ejahar dated 16.09.2007 was lodged in the Dhing Police station by one Musstt. Rahima Khatoon stating that at about 2.45 pm on the given day when her husband Mujibur Rahman went to the field to have a look at the cultivation which was located at a little distance from their house, the accused persons named therein had struck her husband repeatedly with a sharp weapon causing his death and thereafter fled away from the place of occurrence.

(3.) Mr. AM Bora, lerned senior counsel for the appellant by referring to the deposition of PW-1 Azizur Rahman makes submission that in the part of the deposition made on 19.11.2009, it is stated as ' I do not know as to why I was asked to put my signature in Ext.3. No item was seized in my presence. It is not a fact that while making statement before police, I said that I had seen my younger brothers Sahidur and Wahidur running, carrying blood stained khukris in their hands'. Although the said part of the deposition is recorded to be examination in chief on oath, but the nature of the deposition reveals that it was either made after some leading questions being put to the witness or it was made after a suggestion being made. Accordingly, the learned senior counsel submits that the same is more of a cross examination rather than examination in chief and as such PW-1 is to be declared to be a hostile witness.