AYUB ALI Vs. SAHAR ALI DEWAN

JUDGEMENT

(1.) Heard Mr. I.A. Hazarika, learned counsel for the appellant and Ms. S. Jahan, learned Additional Public Prosecutor for the State.

(2.) This appeal, initially filed as a Criminal Revision Petition and, later on, converted into an appeal under the proviso to Section 372 of the Code of Criminal Procedure, 1973 (CrPC), is against the judgment and order dated 12.10.2010, passed by the learned Sessions Judge, Barpeta in Sessions Case No. 49/2008, whereby, the learned Sessions Judge had acquitted the respondent Nos. 1 to 5, who stood trial, from the charges framed under Section 302/34 of the Indian Penal Code (IPC).

(3.) The prosecution machinery was set into motion by a First Information report (FIR) lodged by one Md. Ayub Ali (PW-2) before the Officer In-charge, Barpeta Sadar Police Station on 01.02.2007, wherein, he had, inter-alia alleged that at around 11 AM on that day while his brother, Abdul Awal was returning from Kadong Bazar, 9 (nine) number of accused persons, named in the FIR, had killed his brother he was on his way to the market and out of them, the accused No. 1, Sahar Ali Dewan and the accused No. 2, Shah Alom stabbed his brother on his chest with daggers, which the accused persons had in their possession. The rest of the accused persons, as the informant alleged, had instigated them to assault his brother. The accused No. 7, Abul Hussain also kicked his brother on his chest. It was further alleged that due to such assault, his brother died immediately thereafter. On receipt of the said FIR, the Officer In-charge, Barpeta Sadar Police Station registered a case being Barpeta P.S. Case No. 90/2007 (corresponding GR Case No. 174/2007) under Section 147/341/302, IPC and entrusted the investigation of the case to one Sri Mrinal Kanti Das (PW-8).