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2008 Supreme(Gau) 829

H.N.SARMA
Firoz Khan – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: P.J. Saikia, Adv.
For Respondents/Defendant: A.K. Phookan, Z. Kamar and K. Munir, Advs.

JUDGMENT

H.N. Sarma, J.

1. This revision petition is directed against the order dated 4.4.2008 passed by the learned Additional District & Sessions Judge, (FTC), Dibrugarh, in Sessions Case No. 167/2007, allowing the prayer of the complainant for engaging private lawyer along with the Public Prosecutor.

2. I have heard Mr. P.J. Saikia, learned Counsel for the Petitioner. In view of the assumed importance on the point that posed for decision, Mr. A.K. Phookan, learned Advocate General, Assam, was also heard being assisted by Mr. Z. Kamar, learned PP and Mr. K. Munir, learned APP, Assam.

3. The prosecution story leading to the aforesaid Sessions Case, inter alia, in brief, is that one Niaz Ahmed who was the owner of plot of a landed property at Dibrugarh town, Assam, constructed houses thereon and allowed some persons to stay therein. On 5.4.2007, a quarrel arose relating to the possession over the aforesaid land. In the process grievous injuries were sustained by the victims caused by the iron rod and dao. The injured were shifted to the hospital and subsequently one of them, namely Niaz Ahmed succumbed to the injuries. An Ejahar having been lodged with the Officer-in-Charge, Dibrugarh































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