MD. PADDIS ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. SK Goswami, learned counsel for the appellant. Also heard Mr. M Phukan, learned Additional Public Prosecutor, Assam.

(2.) An ejahar dated 29.08.2005 was lodged by one Md. Sarfo Ali, son of Late Sayed Ali before the Officer-in-Charge of Barama Police Station stating that on 28.08.2005 at about 11.30 P.M., the sons of Soukat Ali, namely, Paddush Ali, Kandura and Asmat Ali accompanied by their nephew Rubul Ali entered their house and stabbed his elder brother Md. Bakharu Ali in the abdomen with a sharp weapon i.e. dagger. It is stated that the son of his elder brother, Nur Islam was also grievously injured with sharp weapon.

(3.) It is stated that subsequently the injured Bakharu Ali died while he was taken to the Gauhati Medical College and Hospital, Guwahati as appropriate treatment was not available in the local hospital. The informant, Sarfo Ali deposed as the PW-4 and had reiterated what he had stated in the ejahar, apart from further stating that in what manner the injured was taken for medical treatment. The PW-4 states that he saw the injured Bakharu Ali being taken in a handcart meaning thereby he had not himself witnessed the occurrence.