SARKAR UNUSH MANDAL AND ANR Vs. STATE OF ASSAM AND 3 ORS
LAWS(GAU)-2018-6-31
HIGH COURT OF GAUHATI
Decided on June 06,2018

Sarkar Unush Mandal And Anr Appellant
VERSUS
State Of Assam And 3 Ors Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. D. A. Kaiyum, learned counsel for the appellants. Also heard Mr. B. Sarma, learned Addl. P.P., Assam, appearing on behalf of State respondent No. 1; and Mr. Kanak Sarmah, learned counsel, appearing for private respondents No. 2 to 4.
(2.) This is an appeal under Section 372 read with Section 382 Cr.P.C. preferred by the informant and another against the judgment and order, dated 16.09.2013, passed by the learned Additional Sessions Judge, F.T.C., Dhubri, Assam, in Sessions Case No. 41/2000, whereby the accused respondents and another are acquitted of the charges under Section 148/149/302 of the Indian Penal Code (IPC), on benefit of doubt.
(3.) The appellants' case, precisely, is that the appellant No. 1, namely, Sarkar Unush Mandal, son of late Monser Munsi, a resident of Hazari Zhorna village, under Gauripur P.S. lodged an F.I.R., on 30.06.1998, with the Officer-in-Charge of the said P.S. alleging that on that day at about 6:30 a.m., when his nephew Jashim Mandal was going to Alamganz bazar, through a village road, all of a sudden, the respondent Nos. 2, 3, 4 and other two, namely, Jamal Sheikh(since dead) and Abdul Sheikh(since dead) intercepted him, in front of the house of co-villager Fazar Mollah. They picked up an altercation with Jashim and grievously injured him stabbing in his abdomen with dagger, which resulted in his instantaneous death. INVESTIGATION:;


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