MD SAIFUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. KM Haloi, learned counsel for the accused-appellant. Also heard Mr. AM Bora, learned senior counsel for the respondent Nos. 2 to 9 as well as Ms. S Jahan, learned Additional Public Prosecutor, appearing for the State respondent No. 1.

(2.) An ejahar dated 13.11.2009 was lodged by Md. Saiful Islam before the Officer-inCharge of Juria Police Station, inter-alia, stating that at about 11:00 pm on 12.11.2009, the accused Md. Abdul Jalal had called his father, Md. Abdul Mutalib and took him to the front of Melekadhing M.E. Madrassa School and the said accused along with other accused persons named in the ejahar abused him in various ways and then killed him by stabbing with spear, which they were carrying. Upon hearing the scream of his father, they rushed to the place of occurrence from their house and saw that the accused persons were running away from the place of occurrence.

(3.) We have taken note that the ejahar was lodged at 8:30 am on 13.11.2009. But, the evidence on record, more particularly, from the deposition of PW7, Md. Harisuddin, it is seen that while the occurrence took place around 11:00 pm on 12.11.2009, he made a phone call to the Juria Police Station immediately upon seeing the dead body and within half an hour thereof, the police arrived.