The appellate court emphasized that eyewitness accounts must be given due weight, and mere flaws in investigation do not automatically discount credible testimonies in murder trials.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. T.U. Laskar, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State respondent No. 9 and Mr. A.S. Tapader, learned counsel for the respondent Nos. 1 to 8.

2. This appeal has been preferred by the informant against the judgment and order dated 26.11.2018 passed by the learned Sessions Judge, Karimganj in Sessions Case No. 30/2015, whereby the learned trial court had acquitted the respondent Nos. 1 to 8 from the charges framed under Sections 147 /341/302/201 IPC.

3. The brief facts of the case is that the informant, who is the wife of the deceased, Badar Uddin, lodged an FIR on 23.06.2013 before the Officer-in-Charge of Patharkandi Police Station stating, inter alia, that on 22.06.2013 at around 7.30 A.M. someone called her husband on his mobile phone regarding purchase of firewood from his shop. Her husband was dealing with the business of firewood. On that day, at around 8 A.M. her husband left their house without taking food. After a while, she along with her brother-in-law, Fakar Uddin, also came out from their house to visit a Doctor. After going for about half a kilometer from their house, when her husband reached No. 3 Dohalia, some miscreants armed with sharp weapons attacked him. Having heard the screaming of her husband, they rushed to the spot and saw that the accused No. 1 Jakir Hussain was hacking her husband’s neck with a sharp long dao. Immediately her husband fell on the ground. There were 7/8 other persons who were with the accused Jakir Hussain, who also assaulted her husband who was lying on the ground. Another accused, Moinul Hoque, also inflicted injury on her husband’s throat with a dao.

Witnessing the incident, she and her brother-in-law raised alarm and as a result, the accused persons fled away from the scene and some neighbouring people came to the spot. It is also alleged in the FIR that when the accused persons left the place, she and her brother-in-law could identify six of the accused persons who were named in the FIR namely: (1) Jakir Hussain, (2) Moinul Hoque, (3) Asad Uddin, (4) Samsul Hoque, (5) Jabrul Hoque and (6) Abdul Basir. Further, her husband was shifted to the hospital, but he died on the way.

4. On receipt of the complaint, a case was registered vide Patharkandi P.S. Case No. 118/13 under Sections 147 /148/341/302 IPC and investigation was initiated.

5. During investigation, the Investigating Officer visited the place of occurrence, recorded the statement of the witnesses, and after the inquest was conducted, the dead body of the deceased was forwarded for post mortem examination.

6. During investigation, the informant and the witness Subuddin were produced before the Magistrate for recording their statements under Section 164 Cr.P.C. After completion of investigation, charge sheet was submitted against the accused Md. Moinul Hoque, Md. Asad Uddin, Abdul Basir @ Abdul Basit, Md. Giash Uddin, Md. Jakir Hussain, Md. Jabrul Hoque, Md. Faizul Hoque (Islam) and Samsul Hoque under Sections 147 /341/302/201 IPC before the Court of the learned Chief Judicial Magistrate, Karimganj. As the offence under Section 302 IPC was exclusively triable by the Court of Session, the same was committed accordingly.

7. During trial, charges were framed under Sections 147 /341/302/149 IPC, which were read over and explained to the responden