NABI HUSSAIN Vs. THE STATE OF ASSAM

JUDGEMENT

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

(2.) An ejahar dated 22.06.2003 was lodged by Md. Samsul Haque before the Officer-in-charge of Silbori Outpost stating that his father Faraz Ali, who went to Page No.# 2/5 Silbori market at about 3.30 pm on 21.06.2003 had not returned home. It was stated that at about 5.30 am on 22.06.2003, blood was seen near the culvert of the PWD road and from that place a trail of blood could be seen which showed that something was dragged to the river Pachnai. The lungi which the father of the informant was wearing was also found near the river channel. The informant stated that the accused persons named therein had committed the offence.

(3.) Amongst others, the appellant Md. Nabi Hussain was also charged and stood trial. In the course of trial, PW-1 Abdul Samad deposed that upon hearing hue and cry in the house of Faraz Ali, where a large number of people had gathered, he also went there and saw blood on the sand in the road in front of the house of Faraz Ali and he also saw a trail of a human being, being dragged towards the river. He also saw the lungi which the deceased Faraz Ali was wearing. The witness further stated that a panchayat meeting was held and in the said panchayat meeting, the accused Nabi Hussain had confessed that he and his elder brother Iman Ali were involved in the murder. But the said witness also stated that the accused Nabi Hussain had a land dispute with the deceased Faraz Ali and a complaint was lodged with the panchayat over the said issue. But the panchayat could not mediate the matter since Faraz Ali had been killed in the meantime.