MD AJIBOR RAHMAN AND ANR Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-8-45
HIGH COURT OF GAUHATI
Decided on August 09,2018

Md Ajibor Rahman And Anr Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

A M Bujor Barua, J. - (1.) Appellants, namely, (i) Md. Ajibor Rahman and (2) Kadar Bhanu Bewa @ Kadarbhan Bewa have been convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and fine of Rs.10000/- each, or in default of payment of fine, to suffer imprisonment for another one year.
(2.) An ejahar dated 13.1.2006 was made by Md. Ajijur Rahman (PW-1) wherein 5 persons, including the present two appellants, were name as accused persons, inter alia, alleging that on 11.1.2006, at about 7 p.m., they called his younger brother Md. Ayub Ali to the courtyard of their house and by pinning him on the ground, cut both his hands with a dagger. Md. Ajijur Rahman also stated in the ejahar that Mustt. Joybhan Bewa (PW-3), wife of Md. Ayub Ali, had seen the incident and was also able to recognize the assailants in the moonlight.
(3.) In the trial court, the prosecution relied upon the evidence of Mustt. Joybhan Bewa, Allauddin Sheikh (PW-4) and Mujibur Rahman (PW-7) to prove its case.;


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