MD DULALUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. I Choudhury and Mr. SM Abdullah P, learned counsel appearing for the appellant. Also heard Mr. H Sarma, learned Additional Public Prosecutor, Assam and Mr. P Sharma, learned counsel for the informant/respondent No.2.

(2.) An ejahar dated 25.09.1999 was lodged by Deenul Islam before the Officer-in-Charge of Rupahihat Police Station stating that on 25.09.1999 at about 7.45 PM while his brother Imam Hussain was coming back after keeping a watch on the fishery situated at Kaboimari field, the accused Dulal Uddin had hacked him on the neck with a khukri on the PWD road in front of his house and caused his death. Accordingly, the accused appellant was charged of an offence under Sec. 302 of the Penal Code for having committed the murder by intentionally causing the death of Imam Hussain.

(3.) The informant Deenul Islam while deposing as PW-1 had stated that the body of his younger brother Imam Hussain, who was a student having passed the Higher Secondary examination, was found lying on the PWD road infront of the house of the accused Dulaluddin. When he reached the spot he found the dead body of Imam Hussain and saw cut injuries on his head and back side of neck. He stated that his elder sister Afia Khatoon, Hajrat Ali and Abdul Bari and another 4 or 5 persons whom he could not recognize were present at the place of occurence. He stated that Afia had told him that the deceased before his death had told her that the accused Dulaluddin had killed him.