MANI BEGUM Vs. STATE OF ASSAM AND 9 ORS
HIGH COURT OF GAUHATI
State Of Assam And 9 Ors
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N.Sailo, J. -
(1.) Heard Mr. A. Choudhury, the learned counsel for the appellant. Also heard Ms. B. Bhuyan, the learned Additional Public Prosecutor, Assam who appears for the respondent No.1 and Mr. A.M. Bora, the learned Senior Counsel assisted by Ms. C. Choudhury, for the respondent Nos. 2 to 10.
(2.) This appeal has been preferred by the appellant Musstt. Mani Begum, wife of the deceased Kala Miya against the Judgment dated 11.12.2013 passed by the learned Additional Sessions Judge, Cachar at Silchar in Sessions Case No.32 of 2007 acquitting all the accused persons from the charges framed U/Ss 341/323/302/34 of the Indian Penal Code, 1860 (IPC).
(3.) The case of the prosecution in brief is that an FIR was lodged by Azizur Rahman Laskar on 16.05.2002 before the Officer in-charge, Silchar Police Station stating that he alongwith two of his co-villagers were returning home from Baskandi at about 5 pm on 16.05.2002 and upon reaching the middle of old Raj Para in Algapur village, the accused persons named in the FIR attacked them with dao, spear, dagger, lathis and stones. His two companions Kala Miya Laskar and Maskandav Ali Mazumdar were caught by the attackers but he somehow managed to save himself. After beating Maskandar, the attackers released him and they began assaulting Kala Mia. At that moment, the attackers viz; Akabur Rahman, Samsul Haque and Abdul Malique shouted that they should finish him off whereupon, Nazam Uddin thrust a spear into Kala Mia's neck and Rehim Uddin gave a cut blow. As a result, Kala Mia succumbed to his injuries. In view of the report, Silchar PS case No. 674 of 2002 U/Ss 147/148/149/341/323/302 IPC was registered and investigated into.;
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