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2005 Supreme(Gau) 779

ANIMA HAZARIKA, I.A.ANSARI
Mazibur Rahman – Appellant
Versus
Abul Hussain – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A. Matlib, A.R. Sikdar, D. Saha and R. Islam, Advs.
For Respondents/Defendant: D. Das and R.K. Agarwal, Advs.

JUDGMENT

I.A. Ansari, J.

1. The judgment and order, dated 21.8.2003, passed by the learned Additional Sessions Judge (Adhoc), Barpeta, in Sessions Case No. 138 of 2000, whereby 4 (four) accused persons, namely, Abul Hussain, Jabber Ali, Aynal Haque, Hanif Ali and Surat Jamal have been acquitted of the charges framed against them under Section 148 and Sections 341, 324 and read with Section 149 of the Indian Penal Code, stands challenged in the present revision by the informant of the case, namely, Mazibor Rahman.

2. Prosecution's case, as unfolded by the FIR (Ext-1), lodged at Sarbhog Police Station, may, in brief, be described as follows : On 22.4.1997, at about 9 am, when Hibibor Rahman, younger brother of the informant, Mazibor Rahman, was proceeding towards Kharisala market from his house pulling hand-cart, all the accused persons, in a group, wrongfully restrained him on the way and accused Jabbar assaulted him with a dagger on his right cheek. On being so assaulted, when Habibor Rahman cried out, his father. Rahimuddin, went running to the place of occurrence with a dagger in his hand and stabbed both Moinul and Jahiruddin to death; but when Rahimuddin started returning home, ac






































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