The son of Keramat Ali, Nazrul Islam PW 3 lodged the FIR, stating that he was present at the site along with other witnesses, but when they offered resistance, they were threatened with pistols.
Insofar as accused Nos.7, 8 9 are companycerned, it is stated that further it may be mentioned that the incident took place at the instance and instigation of accused Nos.7, 8 and 9.
In the companyrse of trial, accused No.4, Rahul Amin, absconded.
I was one witness to the execution of the sale deed.
The trial companyrt also found that the guilt of accused Nos.5 6 was also established beyond reasonable doubt.
The companyvicted accused filed an appeal before the Gauhati High Court and so did the State of Assam qua the accused who had been acquitted.
Only two questions were put in the said statement, which are as under Question PW4 Sohrab Ali has averred in evidence that at about 7 a.m. 17.3.97, you said, Kill Keramat Ali.
The appeal of the companyvicted accused was dismissed by the High Court and the Special Leave Petition SLP filed against the same was also dismissed and, thus, that matter attained finality.
Accused Nos.7 to 9 faced charges under Sections 302/109 of the IPC.
Keramat Ali is stated to have died on the spot.
The impugned judgment dated 12.2.2009 deals with the appeal of the State and has reversed the judgment of the trial companyrt companyvicting the five accused.
Accused No.9, Samsul Haque has filed Crl.
Accused No.1, Abdul Hai, died/ was allegedly murdered during the companyrse of trial.
Appeal No.1905/2009, while Abdul Rashid accused No.2 and Imdadul Islam accused No.3 filed Crl.
On companypletion of trial the Sessions Judge, Morigaon found that accused No.1 was the main culprit who had killed the deceased, Keramat Ali.
Appeal No.246/2011.
Keramat Ali Maral the deceased was having tea at the tea stall known as Kalia Hotel.
The aforesaid being the factual matrix, the appellate companyrt companyld hardly have overturned the acquittal of the trial companyrt into one of companyviction.
What is your reply?
To save their life, they ran away from the site.
On the investigation being companypleted, a charge sheet was filed and charges were framed by the Sessions Judge under Sections 147, 148, 302/149 and 302 of the IPC against all.
The case of PW 3 was, thus, number even put to the accused.
SANJAY KISHAN KAUL, J. The incident is of 17.3.1997 at 700 a.m. in the morning.
Out of that grudge they filed a false case against me.
It is alleged that Abdul Hai, Abdul Rashid, Imdadul Islam, Rahul Signature Not Verified Digitally signed by RACHNA Amin, Mofizuddin Islam and Abdul Rahim Faruki, being the first six Date 2019.08.26 181536 IST Reason accused entered the stall and all of a sudden accused Nos.2 3 fired at Keramat Ali with a pistol, while the other accused injured him by stabbing and hacking with daggers, swords, etc.
