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2009 Supreme(SC) 2079

HARJIT SINGH BEDI, DEEPAK VERMA
MD. Ali Haider – Appellant
Versus
State of Assam – Respondent


Advocate Appeared:
For the Appellant :Azim H. Laskar, S.M. Sarkar, Sachin Das and Abhijit Sengupta, Advocates.
For the Respondent: J.R. Luwang, Adv. for M/s Corporate Law Group.

ORDER :

1. Leave granted.

2. This appeal is directed against the judgment of the Assam High Court dated 14/12/2006 whereby the conviction of the appellants recorded by the Sessions Judge under Section 302/34 of the IPC has been confirmed by the High Court.

3. As per the prosecution story at about 11.30 p.m. on the night of 11th October, 1999 four persons, the appellants herein, entered the house of Khalilur Rehman and committed his murder. The motive for the offence apparently was a land dispute between the deceased and the appellants. The incident was witnessed by Atabjan Nessa PW. 1 and Saida Khatun PW. 3, the wife and daughter of the deceased respectively. The alarm raised by them attracted several other persons including Md. Moinul Haque (PW. 6) a relative and neighbour of the deceased and his father Dilowar (PW. 2) and several other persons as well. On the information received by Md. Moinul Haque (PW. 6) he rushed to the police station and lodged the report a short time later. Sadananda Hazarika (PW. 8) the Investigating Officer and the Station House Officer of Police station Abhayapuri reached the place of incident early next morning and made the necessary inquiries. As he suspe

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