The police after usual investigation submitted a charge sheet against all the six accused persons.
The present surviving appeal is only on behalf of the accused appellant Abdul Mannan.
The High Court termed the judgment of the Trial Court as perverse and wholly untenable.
Abdul Mannan, Abdul Salam and Abdul Subhan have preferred an appeal against the impugned judgment.
Against acquittal, the State of Assam preferred an appeal before the High Court.
The Trial Court examined eight witnesses and on companyclusion of the trial, the accused were acquitted by the Trial Court.
In the impugned judgment, the High Court carefully examined the entire evidence and relevant legal position, as settled by this Court in a number of cases.
He clearly stated that Abdul Mannan gave lathi blows to Abdul Karim along with the other accused.
Old abrasion on the back of the chest 10 cm away from the root of neck and 5 cms away from the midline left side of the size 5 cm.
On hearing the screams and loud cries for the help of Abdul Hakim, another elder brother, the informant, namely, Abdul Karim and one of his neighbours, Abdul Kalam, rushed to the spot and intervened, whereupon those two persons were also assaulted and they sustained injuries.
The deceased Abdul Karim fell down on the ground because of the injuries.
The injured persons were taken to the hospital and Abdul Karim succumbed to injuries after fourteen days.
He asked them number to beat Abdul Karim, but they did number listen to him.
The learned Additional Sessions Judge, Nagaon, Assam, did number carefully marshall the prosecution evidence on record and was swayed away by the fact that the injuries were caused by sharp edged weapon and ultimately, those injuries caused by sharp edged weapon were number found by the doctor in his evidence.
The appeal of Abdul Salam and Abdul Subhan was dismissed by this Court vide order dated 13th September, 2002, as they did number surrender.
248 of 1998 dated 22nd June, 2001.
Abdul Kuddus Khan, P.W.5 also companyroborated the prosecution version and stated that the appellant and others had given beating to his brothers Abdul Hakim and Abdul Kalam.
Abdul Hakim stated that he also received injuries on his head and below the left eye.
The appellant and the other accused ran away after causing injuries.
Abdul Hakim P.W.4 also clearly stated that the appellant and other accused gave beating to Hafez Kalam and him as well with lathis.
They gave lathis blows to Abdul Karim.
Abdul Malik was examined as P.W.3.
The brief facts, which are necessary to dispose of the appeal are recapitulated as under On 17th February, 1994, one Abdul Kuddus Khan lodged a written First Information Report for short, F.I.R. before the Chaudhury Bazar Police Out Post stating inter alia that on that date at about 2.00 p.m. while his elder brother Abdul 2 Hakim was returning home from Masjid, six accused persons named in the F.I.R., namely, Subhan, Abdul Mannan, Abdul Hanan, Abdul Sukur, Abdul Kurdish and Abdul Salam attacked and assaulted him.
He also stated that his other brother Abdul Karim 4 came on the spot from the western direction and shouted dont beat, dont beat but that had numberimpact on them.
Dalveer Bhandari, J. This appeal is directed against the judgment of the Gauhati High Court in Criminal Appeal No.
