KAMAL UDDIN BARBHUIYA S/O LATE ABDUL NOOR BARBHUIYA Vs. STATE OF ASSAM AND 12 ORS
LAWS(GAU)-2018-8-55
HIGH COURT OF GAUHATI
Decided on August 14,2018

Kamal Uddin Barbhuiya S/O Late Abdul Noor Barbhuiya Appellant
VERSUS
State Of Assam And 12 Ors Respondents

JUDGEMENT

Ajit Singh, C.J. - (1.) By this appeal filed under Section 378 of the Code of Criminal Procedure, 1973, the appellant - Kamal Uddin Barbhuiya has challenged the legality and validity of the impugned judgement and order dated 19.12.2013 passed by the Sessions Judge, Hailakandi, acquitting all the accused persons hereinafter (referred to as private respondents).
(2.) The facts are simple. The elder brother of appellant was Altaf Hussain @ Alta Borbhuiya. He used to reside in Baharghat Part-I within the district of Hailakandi. On 4/1/2004, he was assaulted by some people as a result of which, he sustained grievous injuries. Though he was shifted to the hospital, he succumbed to his injuries on the same day. On that day, one Abdul Hannan Laskar lodged a first information report in the Hailakandi Police Station alleging that said Altaf Hussain @ Alta Borbhuiya came to his house and demanded a sum of Rs.10,000/- from him. When he denied paying the aforesaid amount, Altaf Hussain @ Alta Borbhuiya attempted to assault him and seeing the same, some villagers gathered there and assaulted Altaf Hussain @ Alta Borbhuiya to death. It was also alleged that the local people were fed up with the dacoity, plundering and terrorist activities of the aforesaid Altaf Hussain @ Alta Borbhuiya. The said case was registered at Hailakandi Police Station vide Case No. 5/2004 under Section 384 of the Indian Penal Code (Exhibit-3).
(3.) Coming to know about institution of the aforesaid case, appellant lodged a first information report on the same day alleging inter-alia that Farook Ahmed invited his brother Altaf Hussain @ Alta Borbhuiya to his house and then the private respondents assaulted him. When the appellant came to know about the occurrence, he along with his brother went to rescue his elder brother Altaf Hussain @ Alta Borbhuiya. But, the appellants chased them too with lethal weapons. So, he had to approach the police and inform about the occurrence. Then, only by the interference of the police, the dead body of Altaf Hussain @ Alta Borbhuiya, could be removed from the place of occurrence. The aforesaid first information report was registered with the Hailakandi Police Station vide Case No. 6/2004 (Exhibit-1).;


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