BIBOR ALI SEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Sr. Counsel assisted by Mr. A. Ahmed, learned counsel for the appellant and Mr. M. Phukan, learned Addl. P.P. for the State of Assam. We have also heard Mr. N.D. Bhuyan, learned counsel for the informant/respondent No. 2.

(2.) An ejahar dated 05.12.2004 was lodged by one Hajrat Ali before the In-charge, Paglahat Police Watch Post under Golokganj Police Station stating that on 27.11.2004 at around 8/9 AM, while his younger brothers, namely, Md. Jalaluddin Seikh and Jamaluddin Seikh were ploughing in their land, the accused persons named therein, in connection with a long pending land dispute between the parties and on being ill advised by certain influential persons, suddenly assaulted the two brothers with dao, axe, lathi, spear etc. It was stated that upon hearing the hue and cry, the neighbors and other brothers also arrived at the place of occurrence and saw the accused persons striking on the head of Jalaluddin with lathis. Immediately, his head got fractured and started bleeding and was taken to Dhubri Civil Hospital, where he succumbed to his injuries on 01.12.2004.

(3.) As there was delay in filing the ejahar, an explanation was also given that the informant was busy in providing treatment to the injured person and thereafter performing to his funeral rites, which resulted in delay.