LAWS(GAU)-2005-11-2

SORHAB ALI Vs. NURUL ISLAM AHMED

Decided On November 17, 2005
SORHAB ALI Appellant
V/S
NURUL ISLAM AHMED Respondents

JUDGEMENT

(1.) This criminal revision is directed against the judgment dated 19.8.99 passed by the Sessions Judge, Goalpara.

(2.) In Sessions Case No. 7/98, the three accused persons were tried for commission of offence under Section 302/34 IPC on the allegation that on 2.9.97 at Bandarmatha in furtherance of their common intention, they had killed Sukur Ali. The accused Ajahar Ali died during the pendency of the case and on conclusion of the trial, the learned Sessions Judge vide impugned judgment acquitted the two accused persons and hence the present revision by the informant as the State did not file any appeal.

(3.) The prosecution case, in brief, is that on the night of 2.9.97 the three accused persons committed house trespass in the dwelling house of Sukur Ali and thereafter accused Ajahar Ali and Mofizuddin caught hold of Sukur Ali and Nurul Islam stabbed him with a dagger as a result of which Sukur Ali died. The autopsy was conducted by Dr. K.A. Ahmed PW 7 who found as follows :