JUDGEMENT
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(1.)This appeal has been preferred by the accused Appellant Sirajuddin against the judgment and order of conviction dated 21.6.87 passed by the learned Sessions Judge, Nagaon in Session Case No. 171 (N) 85 u/s 302/34 I.P.C. and sentenced him to undergo R.I. for 10 years.
(2.)The prosecutico case is that on 13th of October, 1982 the accused person Sirajuddin and others in furtherance of common intention assaulted Faijuddin by a dagger and subsequently died on 2.11.82 in Nagaon Civil Hospital. On the basis of the First Information Report case was registered and after being charged tike accused persons were tried by the learned Sessions Judge as aforesaid.
(3.)The prosecution examined as many as eight witnesses including one Medical Officer and two Police Officer. The point for determination in the facts and circumstances of the case and on the evidence on record is whether the deceased Faizuddin was murdered by the accused appellant by causing injuries on his abdomen with the sharp and bend end of a dao and whether the murder was a mere accident.
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