MD HABIBUR RAHMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. SK Nargis, learned counsel for the appellants and also heard Mr. A Biswas, learned counsel for the informant respondent No.2. Mr. H Sharma, learned Additional Public Prosecutor appears for the State of Assam.

(2.) A GD entry No.52 dated 03.10.2007 was recorded in the Moirabari police station on the receipt of information over phone. The information recorded was that the sons of Abdul Barek have hacked to death the father of the informant Abdul Awal with a dao before the Iftar and that the dead body was lying on the road leading to the nearby market. The GD entry further records that upon the entry being made, SI NN Kalita was instructed to investigate the matter and take necessary action and S.I. PN Bhuyan was also required to visit the place of occurrence. The GD entry available in the records further reveals that at about 6.25 pm, the aforementioned police officers had left the police station for the place of occurrence. Accordingly, the investigating Officers went to the place of occurrence and found the dead body lying at the side of the road which was identified by the informant Md. Jiabur Rahman as well as his step mother Firoza Khatun that it was the body of Abdul Awal. Thereafter the investigating officers did the inquest on the dead body in presence of the witnesses. The investigating officers also examined certain witnesses and had sent the dead body for post mortem examination and prepared the sketch map.

(3.) That day itself at about 10 pm, the informant Jiabur Rahman, son of Abdul Awal filed a written ejahar which was registered as Moirabari PS Case No. 97 of 2007, under Sections 147 148 149 341 203 IPC. In course of investigation, the investigating officer recorded the statement of the informant Jiabur Rahman on two different occasions. First occasion was on 03.10.2007 itself and the second occasion was on 04.10.2007. The statement under Section 161 Cr.P.C. of two other sons of the deceased, namely, Abdul Mannan and Md. Seikh Abdulla were also recorded on 04.10.2007. It is taken note of that in the first statement under Section 161 Cr.P.C., the informant Jiabur Rahman had stated that the accused Md. Habibur Rahman upon being instructed by Abdul Barek had given a blow on the head of the deceased Abdul Awal with a sharp cutting weapon. Nothing was mentioned in that statement that the other accused persons who were subsequently named in the ejahar lodged at 10 pm were also present.