MD. ABUL HUSSAIN BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L.R. Mazumder, learned counsel for the appellant. Also heard Ms. S Jahan, learned Additional Public Prosecutor, Assam.

(2.) An ejahar was lodged on 11.11.2013, by Md. Abdul Hussain Barbhuiya before the Officer-in-Charge of Kachudaram police station stating that on 10.11.2013, at about 5.00 PM when his son Sahanur Alom Barbhuiya, aged about 14 years, went to a shop in the village on his bicycle to buy some chana, he did not return for about one and half hours. Accordingly, the informant went searching for him but could not find him in front of the shop. Upon being asked amongst the relatives and friends, nobody could provide any information. He further stated that on 11.11.2013 at about 1.00 pm, upon seeing some blood stains in the paddy field after being informed by some persons, the informant went to the place of occurrence and a suspicion arose that the accused had killed his son and kept the body hidden somewhere.

(3.) In his deposition, PW-1 Abdul Hussain Barbhuiya repeats what had been stated in the FIR and further states that on the next day at about 12.00 PM - 1.00 PM, some of the co-villagers, namely, Safar Uddin, Makaddas Maulavi and Maqbul Haque Barbhuiya informed him that certain blood stains were noticed in the paddy field at Bidruhipur. When he went to the place and saw the blood stains, he informed the police who came to the place and seized some paddy plants and soil stained with blood in presence of the witnesses and prepared the seizure list. Thereafter, they went to the nearby drain and found some blood stains and accordingly, the soil in the drain was dug out but nothing was found. He further deposed that some of the co-villagers had seen his son during day time along with the accused person playing ludo and therefore, the FIR was lodged on the basis of suspicion. On the next day while the search was still going on, the people noticed some flies in a given area and after digging the place, the dead body was found.