ROBIJUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. L.R. Mazumder, learned counsel for the appellant. Also heard Mr. J. Laskar, learned counsel for the informant respondent No.2 and Ms. S. Jahan, learned Additional Public Prosecutor for the State authorities.

(2.) An ejahar dated 05.11.2013 was lodged before the Officer-in-Charge of Lakhipur Police Station by Jibul Hussain Borbhuyan inter alia stating that their domestic buffaloes had entered the cultivation of the accused Rabijul Ali at night and damaged some plants. In the next morning an attempt was made to settle the matter where the accused made a demand of compensation for Rs.10,000/- whereas, the influential people of the village tried to convince him to accept a compensation of Rs.3,000/-. Upon disagreement with the compensation offered, the accused wanted to proceed to the police station, when the deceased Suwab Ali tried to resist him, the accused person took out a dagger and assaulted the deceased by felling him on the ground. In the resultant situation, the accused appellant was charged of having committed the murder of the deceased Suwab Ali by intentionally killing him with a knife and thereby committed an offence under Section 302 IPC.

(3.) In course of the trial, the informant who examined the PW-1 deposed about their buffalos damaging the vegetable plantation of the accused which resulted in demanding a compensation of Rs.10,000/-, whereas, the people of the village in a bichar had offered him a compensation of Rs.3,000/-. The accused upon refusing to accept the compensation offered to him wanted to go to the police station for lodging an FIR and in doing so when he reached near the house of the VDP he found the deceased and assaulted him with a knife on his chest. PW-1 stated that his sister Sajala Begam on seeing the occurrence, tried to save the deceased by trying to stop the bleeding using her clothes.