Assam Judicial Service 2019: Assam Judicial Service Grade-I LDCE (promotion from Grade-II) Main Written Examination, Paper - III
Text of page 1
THE GAUHATI HIG OURT AT GUWAHATI
(The Hrgh Court of Assam, Nagaland, Mizoram and Arunachal Pradesh)
Limit d Ocp.rtmcntd Comp.titiv. Eraminrtion for prcmodon
to Gr.de{ of ArE.m Judiclal Sarvlce
D[t. : zl . 07. a.o 19 Tlm. : 9.00 rm - 12.00 pm
Totrl Xrrts : 100 Durrlion : 3 Ho.,l]t
I lrlstsucuon : Tho candldetc 13 lxpcctad to ruflr to thr r"lcvanl decisionG of thG Apar Court
and th. High Court whilo wrltlng anarl€ls ]
PAPER - III
coNsnTUno[AL LAW tao f,ARKSI
[Answer .ny { (four}l (4x'l 0 m. rk3 = 40 mr]ks)
1. Vvhal ls the srgnrficance of fundamental rights as enshnned rn the Constitution of lndra ?
10 Marks
2 Orscuss briefly lhe nature and scope of freedorn of ctizens g uaranteed by the Constitutron
of lndia wth specral reference to the nghts of arresled person
10 Marks
3 Wnte short noles on the following -
(a) Doclrine of Ultravrres (b) Doclnne of Prospectrve Over-ruling
(c) Dodrine o{ JudEial Revrew, and (d) Doc'lrine of Eclpse
2rlz x4 = 10 Marks
4 What do you mean by Preamble of a statute ? How far rs the Preamue useful rn
rnterpreting the Constttuton ? Can lhe Preamble be amended under Art,cle 368 ?
10 Marks
5 What is meant by cftzenship ? Vvhal are the Constitutional Provisrons regerdrng
citzenship ? Mention the persons who became citrzens of lndra at the commencefient of
the ConstihJtDn of lndra.
'10 Marks
6 What do )rou mean by Wnts ? Cornpare and contrast bet /een Afircle 226 and 32
10 Mad(s
JUEIIIPSUOEt{CE (20 MARKS}
l^nsw.r rny 2 (two]l (2x 10 ma*s = 20 marks)
1 What do you understand by Crvrl and Crimrnal JustEe Drstrngursh between the two.
"
What are the advantages and dEadvantages of'Justice accordrng to Lau/' ?
10 Marks
Text of page 2
V
2 Vvhat rs the ob,ect of Capital Punishment ? Put your arguments agamsl and rn favour of
capital punrshment
10 Marks
3 Drstingursh between (a) legal presumphons and legal fictrons, (b) questron of fact and
questbn of law
'10 Marks
4. Write short notes on I Any 2 (two) ]
5x5 = 10 Marks
(a) Legal status of dead man
(b) Legal status of unbom person
(c) Legal person
(d) Legal status of lou/er anrmal
JUDG ENT WRITING
1 Wrfle a Judgment on lhe basrs of mateflals avarlable rn the enclosed Pape, Book
40 Marks
Text of page 4
INDEX
File No. I Description of Paperc Page No,
FIR 1-3
Ejahar, Ext. 1-1 (1) +5
Charge 6
Commrunent order dt. 6.7.12 in G.R. Case No. 1528/08 7
DEFOSITION OF P.W.
P.W,-1 Aynal Hoque 8-11
P.W.-2 Miss Rabra Khatun 17-74
P.W,-3 Jinnat Ah 15-16
P.W.4 Ramesha Begum t7-18
P.W.-5 Abul Kalam 19-20
P.W.-6 Dr. l"loinul Hoque, M & H.O.-I, Barpeta Cvil Hosprlal 2t-22
P.w.-7 Abdur Rahim 23-24
P.W.-8 Sri Subodh Haloi 25-27
P.W.-9 Sri Rajnesh Bora 28
EXAMINATION OF ACCUSED 29-48
Statement U/s 164 Cr,P.C. Ext.2-2 (1) 49-50
Inquest Repoft, Ext. 3-3 (2) 51-52
Post Mortem Report, Ext 4-4 (2) 53-57
Serzure List, Ext. 5-5 (2) 58-59
Charqe Sheet, Ext. 6-6 (1) 60-62
Sketch lYap, Ext. 7-7 (1) 63-64
Statement U/s 164 Cr.P.C., Ext. 8-8 (1) 65-66
Statement U/s 164 Cr.P.C., Ext. 9-9 (3) 67-68
Text of page 5
Seen
Sd/- Illegible
Judicial Magistrate I$ Class
Barpeta
16.08.08
G.R. NO. 1s28l08
FIRST IMORMATION REPORT
(Under Section 154 Cr. P.C.)
1 District : Barpeta, P.S. Sarthebari, Year 2008, FIR No. 124,Date
14.8.08
2 (i) Act....Major ............Sections 302/34 I.P.C.
(ii) Act. . . .. . . . , . . . . . . . . . . . ...Sections. . . .. .. . . .
(iii) Act......................Sections......,..,......
(iv) Other Acts & Sections................
3 (a) Occurrence of offence: Day......Date from 14.8.2008 Date
to.........Time period at about 1 I A.M. Time from.....Time to....
(b) Information received at P.S. Date 14.8.2008 Time I p.m.
@ General Diary Reference : Entry No. 359 Time.............
4 Type of information : Written/Oral
5 Place of Occurrence : (a) Direction and distance from P.S. About
l0 K.M. North West .............Beat No..............
(b) Address Village Kowaimari 2 No Block, Mouza - Paka, P.S. -
Sarthebari, Distict - Barpeta, Assam.
(c) In case, Outside the limit of this Police Station, then.
Name of P.S.. ........District
6 Complainant's lnformation :
(a) Name Md. Ainal Hoque
(b) Father's Name : Late AMul Hoque
Text of page 6
(c) DateiYear of Birth 1968 years (d) Nationality : Indian (e)
Passport No............. . ..Date of lssue.... ..... .....Place of
Issue......,....(f) Occupation - Service (g) Address : Village
Kowaimari No. 2 Block, Mouza - Pak4 P.S. Sarthebari,
District : Barpeta, Assam.
7 Details of known/suspected/unknown accused with full
particulars: (Attach separate sheet, if necessary)
(l) Secandar Ali S/o Late Abdul Halim, Village - Kowaimari No.
2 Block.
(2) Arikul Ali S/o Secandar Ali, Village -do-
(3) Kulchan Begam Wo Secandar Ali, Village -do-
All are P.S.- Sarthebari, District- Barpeta, Assam.
8 Reasons for delay if reporting by the complainant/Informant. . . . .
9 Particulars of properties stolen (Attach Separate sheet, if
necessary).....
10. Total value of property stolen...
u. Inquest Report/U.D. Case No., If any.... .... . .....
12. First Infor-ruatio contents (Attach separate sheet, if required) :
The original F.I.R. are enclosed herewith.
l3 Action taken : Since the above information reveals commission of
Offence(s) n/s as mentioned at Item No. 2 :
( I ) Registered the case and took up the investigation or
(2) Directed (Name of I.O. Subodh Ch. Haloi Rank A.S.l, of
Police No...........to take up the investigation or
(3) Refused investigation due to.. . . . or
(4) Transferred to P.S.... .. .....District..... . .. on point of
jurisdiction.
Text of page 7
o
F.I.R. read over to the complaint/lnformation, admitted to be
correctly recorded and a copy given to the complainant/Informant
free of cost.
Sd/- Illegible
Officer-in-Charge
Sarthebari Police Station
Dist. Barpeta
14.8.08
R-O. A.C. Name of Deepak Kr. Das
I 4. Signature/Thumb impression
If the complainant/informants Rank........No
15. Date and time of despatch to the Court
Text of page 8
Exr I Seen
Sd/- illegibte Sd/- illegible
Sessions Judge, Barpeta Judicial Magistrate l'r Class
District - Barpeta
To 16.08.0t
The Officer-in-charge
Sarthebari Police Station
Dated lzl-.08-08
Compleinent: Md. Ainal Haque, S/O Late AMul Haque
RJO Kawoimari, Block II, P.S. Sarthebari, Dist: Barpcta
Accurcd: l. Sekender Ali, S/O Late AMul Ha'hm
2. Arikul Ati, S/O Sekender Ah
3. Kulsan Begum, W/O Sekender Ali
All of them are residents of Kawoimari Block ll, P.S. Sarthebari
Dist: Barpe ta (Assam)
Sir.
Humble submission is that around I I a.m. this the 14s day of August 2008
(Thunday), my father went to see the dam of my father-in-law's fishery to the west of
aforementioned accused person's house when the accused no. 1 aad accused no 2 picked up a
quarrel with father over blocking the .+'ater of the stream which runs beside the said da.n
whereupon they forcibly took father to their courtyard by lifting, wrapped his neck with a
rope and then caus€d severc injury in his head & neck by cutting him with sharp
r.l'eapon. Father died rn the courtyard itself.
It is, thcrefore, prayed to take necessary action after investigating into the matter.
Ext, t(1) Signarure of complainant
Sd/- illegiblc Sd/- Arnal Haque
Sess. Judge, Barpeta l4{t-0E
Text of page 9
o
Written as per the versron of the complainant and read over to lum and as the
complainant declared it to be up to the mark I put my signature herein.
Sd/- Rofiqul Alam Khan
t 4.0E.08
Received vide GDE No. 359 dt. 14.E.08 and registered Sarthebari P.S. Case No
124108 uls302134lPC.
S.l. Deepak Kr. Das, O.C.
Sarthebari Police Stuion
District - Barpeta
14.8.08
Text of page 10
P
S€ssions Case No.3*eflel*. / ? zlz,D/2-
.-'sam Schedule \flll Form No 247
Hlgh Court Cnminal Process No. 32
CHARGE WrIH ONE HEAD
(No. XXVlll(l), SCHEDULE V, Act 1838)
(sections 221,222,223, Code of Criminal Procedure)
(1) Name & offlce of (1) Shri PSaikia,
Scss'rons J udge, BarDcle
Maglstrate etc.
(2) Name of accused Hereby charge you (2) 1, Md. Sekender Alr,
person 2. Md. Arlkul Ali, and;
f . Miss KrJlchan Begum...accused.
as follows:-
(3) State the
offence That you on 14th day of August,2008 at around 11 am at
Sartheban under the jurlsdicton of the Sarthebari P.S.
rn furtherance of your common rntention committed murder by causing
the death of Abdul Hoque
.And thereby committed an offenee punrshable U/S302i34 of The
(4)My cognizance or lndran Penal Code and wrthrn the cognizance of the court ot
the cognizance of the Sessions
Court of Session.
(5)ln case trled And I hereby drrect that you be tfled (5) by the said Court on
by Magistrate & said charge under sec. 302/34 of LPC
by sard Court
The charge is read over and explarned to the accused persons to which they
pleaded not gurlty and claimed to stand trial.
Dated. This 2Ist day of August,2012.
lr.r./
(PSaikia)
Sessions J udge,Barp€ta
Text of page 11
Oh14-' dL. 6/ly'b-roftaa
h3af- ' f6)
:fo-..t'
l+taqn
eR8&-p-
0biQ7 / tz Accused Sckandar AL. Arik u i and Kulchan Begum
are Present
Scen petitron vide No 2l'l5ll2 filcd by actused
Sekandar Ali, Arikul Ah and Kulchan Bcgum with a prayer to
allon' them to fumish nelv bailor.
il' Hcard. Pcrused the rccord.
I .. Praycr is allowed.
Copy is ready and furnished to the accused pcrsons.
-,,-l) The accued p€rsons are charge sheeted u/s 302/34 IPC
which rs exclusivcly triable by the Ccurt of Scssion.
Hcncc, the casc is committed.
Scnd the C.R aiong with ttrc C.D and other relevanl
documcnts to the Court of Hon'ble District & Scssion Judge,
Barpeta
Notiry the Public Prosecutor of thc same.
Seen the pctitions vide No. 2193/12 filed by thc accused
persons, praying to r€main on previous bail.
Heard. Considering all, prayer of prwious bail is
allowed.
The accused pcrsons ate directed to appear bcforc he
Court of Hon'blc District & Session Judge, Barpcta on the next
date fixed.
Fixing 17lO7ll2 for appearance
'*
3-i /. sl 7av
)nf c'
Text of page 12
,H
Assem Schcdulc VIII, Fonu No. 93 o l+z) tt-
Hrgh Coun Crirninrl Fom No. (M) 83
.
FORM FOR RECORDING DEPOSMON
IITEIIEP0SIIONof /7W 4-
ABcd about Q $ yeas trkcn rn odh or roltaur slErrptiotr unda pmvirion of tlrc Irdiar ffil
Acl Xofl97t, bcforc rrc /. sct-'1Et'a, 9.47. 1-u.a2a, W
lll A4YA, deYof hAA ury
My nrflrc |s _),/ wrl *oyt-
l'ly fathcr's nur ic LT Abtul 6LLc^"tw4- Irm
By c.s1c
lrrlr'nn Myhousc rs rr Mouze
N Poh* Sm6r Distrct
)
I rtsdr.tgtratuMourr Q/yt). .lq^Ju tn\dll p.S,
{
{N tlstrcr tbr-LafpJt where lam R^eWZ
i t
On S/A.
I know all the accused persons. The deceased Abdul Haque was my
father. 0n 14/8/08 at about 11 a.m. the alleged incident occurred and at the
material point of time I was at my school and while I returned to my house, I
came to know that my father had been murdered by the accused per.sons,
namely; Sekandar Ah, Ariful Ali and Kulsom Begum. On the day of inctdent at
about 11 a.m my father went to see the lishery belonging to my father-in-iaw
whrch is sltuated nearby the house of the accused persons and there is a canal
of running water by the srde of fishery of my father-rn-law The sard canal was
blocked by the accused persons before the rncident and as a result ofblorkrng
of the canal the water overflowed submerging the nearby areas includrng the
school, paddy field, temple etc. When my fiather came to know that the accused
persons dehberately blocked the canal and as such rny father asked the
accused persons to clear the obstruction and at this a quarrel took place As a
mn vltd;tiltflB'mTFdurrence the accused persons forcefutty dragged away my
Text of page 13
t
Contd.
father to their courtyard by rying wrth rope and thereafter the accused persons
assaulted my father with sharp cutting. weapons causing his lnstantaneous
death at the spot The witnesses namely Rabia, Kalam etc. saw the incident and
these witnesses narrated before me how my father was killed by the accused
persons before my arrtval at the place of occurrence Thereafter t lodged an
FIR wth pollce agarnst the accused persons and then police came to our house
and recorded my statement.
Ext 1 is the FIR and Ext.1(1) is my signature
At thrs, examination rn chtef of thts witness rs reserved due to non-
e-
l)+ production of seized materials.
: R.O.A/\,C.
F
{ %{o'
I
\ IP. SatkiaJ
Sesslons f udge,Barpeta.
Text of page 14
Retl- Sqcslons Cese No, 172112
Further examirntron in Chief of P. W. I
23Dlt4
On Orth ,
During investigation of this case, thc Polic.e O{ficer (1.O.) seized some articles, i.e,
one plastic rope and one Garnosa. Ext 5 is the seizure List and Ext.5(1) is my signature. Thc
above articles were seized in my presence at the plac€ of occurrence. Material
Exhibit-l is the seized plastic rope and Material Exlubit-2 is the seized Gamocha. The said
seized a(icles are pmduced before the Court today and I have identified the same.
xxx
Cross is reserved at the prayer ofthe defence.
t7lt2lt4 RO &A.C.
Sd/- illegible
23.9.14
OnOeth,XXXXX
I am a tcacher. My School starts at 9-15 a.m. I go to school before 9-15 a.m. I lyas at
my school on the day ofthe oc{urrence. I went to the place of the occurenc€ around I I a-m.
When I came to the P.O., father was lying dead in accused pcrson's courtyard. At that time
policc and other people v/ere present there. There was no wall around accused person's
homestead. Thcre is no road by the front of accused person's house and they walk tluough
another man's courtyard to their house. Rubia and Kalam are husband and wife. The house
adjacent to the east of their house is that of accused person's. The homestead of the accused
is now occupied by Kalam and others. One person. Rafikul Alam by name, urote the Ext I
i.e. the ejahar. I did not witness the incident on my own. At that time. I was at the school. I
have not mentioned it in the ejahar from whom I learnt about the incident. I have nor
mentioned about the 'gamosa' (a kind of Assamcsc towel) in the ejahar. I have seen the
seized 'gamosa' in the court roday, but, I have not seen marks of blood in the 'gamosa'. At
the time of the incident father was clad in a lungi. His lungi was stained with blood The
ground at the P.O. was soiled with blood. When police seized the rope, it wa-s in father's neck
and the 'gamosa' was lying on the ground. I cannot say whether police seized father's lungi
or not. During invesligation, my statement was not recorded in the court in connection with
the case- Police interrogated me at the police station on the day of the occurrcncc. It is not a
Text of page 15
fact that I did not tell police thar around I I a.m. on the day of the occllrenc€, my father had
gone to see my father-in-law's fishery near accused person's house; that the incident had
taken place over blocking the stream of water to the fisher,; that a quarrel had taken place
over my father's unblocking the stream of water. It is not a fact that I did not tell police that
Kalam and Rubia had witnesscd the incident and that the accused had kitled father. It is not a
fact that the accused had not killed my father. It is not a fact that police drd not seize
'gamosa' and rope belongig to my father in my presence. It is not a fact that I do not know
anyhing rcgarding father's death. It is not a fact that in collusion with Kslam, I,
conspiratorially, havc occupied landed property of the accused by assaulting him and that I
have adduced false evidence.
Sd.i- Aynal Haque R.O & A.C
Sd/ Illegible.
17 -12-t4
Text of page 16
,@
I +t ltl-
lssam Scicdulc V[I, Form No' 93
Hrgh Coun Crimiill Fcmr No. (M) E3
FORM FOR RICORDING DSPGMON
TIiEDEP0SITION ot fN "L-
ol thc Indim Or[u
Agcd about 2 5 yrals ttcn rn orh or solcuo rffrmrtion rmdct provbion
Acr.Xof l97t,Morc *
p. s.*iti^. sc 9s -,lr^ottL , hr'rPn/=,
q) ni q4> uYor l'tni zo$
Gr1
My,relmr Lu'sS R-^Jil'+ bAzD.L
;
rs ilt [ulavn k)a-a'"t I2m
*la N1y felha'srrznc
/ Byc.src Alusl't'tn'- My housc rs at Mouza
,P Disttct
--f Pohccsutir:n
ra I r€ridc at Flsart ir Moua /boln1
atct'' nX'?- P's'
\
On S/A
I know all the accused persons. I also knew the deceased Abdul Haque
who was my next door nerghbour Ialso knor,r, l"he rnformanL 0n 14/B/08 at
about 11 a.m. the alleged rncrdent occurred. At the material polnt o[ time I was
collecting water from our tube-weil satuated in our compound. At that trme
suddenly I heard sound of screaming and then I immediately turn around and
saw that the accused Sekandar Ah was stnking the deceased -J{ a dao and the
other accused Ariful and Kulsom were pressinB down the deceased on the
ground. Then I raised alarm and on hearing my alarm,the accused Sekandar Ah
fled away from the spot takrng the dao in his hand. [n the meanwhrle, on
heanng my alarm many people gathered at thc place of occurrence. My
husband Kalam Khan and Jmnat Ali also saw the occurrence. Thereafter the
son of dec the sard informahon,came ro hts house and
FP-l/l tl i.9J Ntr ,qr#-$nrl,g"*rng
Contd
Text of page 17
Contd, .
then I narrated the tnctdent to htm. Police also recdorded my statement
and my statement was also got recorded by the Magistrate u/s 174 Cr.P.C.
Exu2 rs my statement recorded u/s 154 Cr.P.C. and ExL2(1J &7(2) are
my slgnatures.
Cross-examinatron :-
My house ls situated adiacent to the house of accused persons and the
house ofdeceased is situated at a drstance ofabout 200 ft. away from the house
D)
q of accused persond My house ts sttuated to the eastern srde of the house of
accused persons. We have a tube-well within the compound of our house
c fremwhere I was collecting water at the ttme of occurrence. I did not see as to
dr
,J how the deceased happened to come to the courtyard of accused persons. My
husband Kalam Khan was not with me at the time of occurrence. I saw that the
9'b
accused Sekandar Alr struck the deceased lil(the sharp edge of the dao on
fr
,a{ the head and neck of deceased. I saw the accused Sekandar inflicting three
blows, one blow rs on the head ofdeceased and two blows on the neck and as a
result of which b!ood was oozrng out from the inluries. The whole body of the
deceased stained with blood as a result of oozing out of blood. At the tinre of
rncrdent the deceased was wearing a Iungr of white colour havtng <.t'.qg and a
ganii. Blood also tripled down on the ground Soon after the incident, the
rnformant came to his house. The houses of Atob Khan, Satish Deka, Hrren,
Uddhab and Hiten are situated adlacent, to the house of deceased. Balapara
Anchalik Hrgh School ls situated adlacent to the place of occurrence. The
rnformant is the Headmaster of the said school. I saw the accused Sekandar Ali
fleeing wrth the dao after causrng inluries on the deceased.
It rs not a fact that I did not state before the police thatj At the material
polnt of time I was collectrng water from our tube-well situated in our
compound and at that trme suddenly I heard sound of screaming and then I
rrnmedrately turned around and saw that the accused Sekandar Ali was stnklng
the deceasedrr'& a dao and the other accused Ariful and Kulsom were presstng
down thc deceased on the ground.'
Text of page 18
@
Contd...
It is not a fact that I did not state before the I/O that linnat and Kalam
saw the incident. It is also not a hct that I did not see the occurrence with my
own eyes. Police recorded my statement u/s 161 Cr.PC. at my house and
thereafter my statement was recorded u/s L54 Cr.P.C. by the Magistrate.
Before the incident there was no enmity between the deceased and the accused
persons.
RO. & A.C.
EP
v,7
(P. Saikia)
$l Sessrons rudge,Barpeta.
4
1,
1
fi
Text of page 19
w
t?'4tL
Assan Schodulc VIIL Fonn tllo 93
/ Hr$CMtcrimimlFornNo-M83
FORM FOR RECORDII-IG DEPOSMON
TllEDEPoslrloNof /)Yl 9
Agrd &out 4 I ps trlcn rn od or oltm dEnnetin
uda povisirm of 6c Idilt Odu
Act.xotlgTE.bcforcrl P' silhh, SD4' J-u4<-' nL"f*
ni p-4YA daYof u/3
Mynrttrc ts <Tinrut Ylt-t
1.,1y frhcr's lrrrle ls flb/.&( kilr'2A l.m
By c.ste /htttin Myhousc rs al Mouza
DtsElct
Pohcr9rtirt
Ircridcrtpc*ntinMonzr p,r-aia*i l>O Z- P'S'
Drth b4)t/t'a wisc lam tl'tl]-'v''*tt'
On S/A
I know all the accused persons I also knerv the deceased Abdul Haque.
On ial8/08 at about 11 a.m. while Iwas at my house,l heard sound of
screamlng outsrde of my house and then I came out of my house and went to
I
the house of accused Sekandar and saw that the accused Sekandar Ali was
a
N
runnlng away towards southern side of his house takrng a dao rn his hand,
$
^N Then I also saw Kulsom was standing at the place of occurrence and the
N deceased was lyrng on the ground at the courtyard of acrused persons
N Thereafter I came to know at the P.O that the accused Sekandar$lle.I the
deceased by stnkrng wrth a dao The informant came to the place ofoccurrence
after my arrival and thereafter he lodged an FIR with police. Pohce }reki
, Inquest on the dead body ofdeceased in my presence where I put my slgnature
as a wrtness to the rnquest vrde Ext3(1) on Ext3, the rnquest report. Pchce
recorded my statement u/s 164 Cr.P.C.
l.GF-vul !.-9J
N*i0712-lJ
Contd
Text of page 20
@
Contd...
Cross-examl nation'-
t drd not see the occurrence wrth my own eyes. My house ls sttuated at a
distance ofabout 300 ft. away from the house ofaccused persons. The house of
witness Rabia ls s'tuated on the eastern boundary of the house of accused
persons. The dead body of deceased was lying infront of the matn hou::e of
accused persons in thelr courtyard. There is no boundary wall in the hottse of
accused persons. On the date of the incident pohce recorded my statement
It ls not a fact that I drd not state before the police that-'On 14/8/08 at
about 1I a.m while I was at my house,l heard sound of screaming outslde ot
my house. then I came out of my house and went to the house of acLused
Sekandar and saw that accused Sekandar Ali was running away to$'ards
southern side of his house taklng a dao in hrs hand. Then I also saw Kulsom
was standrng at the place of occurrence and the deceased was lyng on the
ground at the courtyard of accused persons.
s It rs aiso not a fact that I did nor wit.ress the rncldent and that lalso do not
\ knorv as to how the deceased died,
$
+...
R,O & A.C.
R
E\, k; L 5\,
IP.Saikia)
Sesslons J udge,Barpeta.
Text of page 21
@
4) z-l lz^
Assam Schcdulc VIIL Fsrm No. 93
Hrgh Court Cnmird Form No. (M) 83
FORM FOR RE@RDING DEK)SITION
THEDEPosnloN* fW 4
Agcd about Q 0 yats trla rn orrhor solcnn r{firmaix undcr provisioaof ttc hdtar odr3
Act XoileTE.bcfore r* 7. sa,i /aq ., t-4#, J-h/*t , fuil?dr.
Il. 2lv/ d"yor il+3 t3
s) My namc rs Qo*l-sl'a A'2q/r'/1
avitp
\+ qO Afa6
ivtyfatlra'srurners kl,en Irlrr
a$6{ , Bycaste Jwnu:rrt Myhousc is at Mouza
NJ
(
LJ d Pohct Statim 5/iilArbd/L) Dlstrlct
t- S'
t\ /b"l"P",r^
v I nsdc et prctat in Mottzt M.L t
PS
Dsfic1 eilf e4\ where i am {ta*.hW (
On S/A
I know the accused persons I also knew the deceased. On t4/8/08 at
about 11.30 am whrle I was carrying my cows towards the grazing field I saw
that the accused persons were quarreling wrth the deceased Atrdul Haque and
at that trme the accused Sekandar gave a lathi blow on the head of Abdul Hiquc
and then he fell down on the ground. Then accused Arikul alongwrth other
accused persons dragged Abdul Haque to their courtyard. Then I rarsed hue
and cry and in the meanwhile the accused Sekandar fled away from his house
takrng a dao in his hand towards the field. Thereafter I alongwrth other vrllage
people went to t}Ie courtyard of accused persons and nohced the dead body of
deceased with cut iniurles on his head Thereafter polrce came and recorded
my statement and my statement was also got recorded before the Magistrate
u/s 154 Cr P.C.
Am. TIfiSl r\" to/12-ll Con td
Text of page 22
Contd....
Cross-examrnation:-
My house ls sltuated at a dlstance of about 2/3 bighas away front the
house of accused persons. I saw the occurrence from a drctance ofabout 1 %
brghas ofland. The house ofaccused persons were covered by bamboo fencrng
rn some places lvhrch was about 5 feet high and there was other balnboo
s fencrng infront of the house of accused persons. The path leading to the l-rouse
F of accused persons ls srtuated rn the eastern stde whtch ts also the front of the
ee house of accused persons. The accused persons had some dlspute wlt I the
\$&q deceased regarding boundary land. I do not know as to how the deceased came
to the courtyard of the accused persons. I only saw quarrel took place bel ween
6
\y
J *
the deceased and the accused persons once and in that ocfllrrence a lathr blorv
was given on the head of deceased by accused Sekandar. After /,{ Iathr bloyg
( + Abdul Haque fell down on the ground and then he was draggeri to the
{
house ofaccused persons. Thereafter I do not know what happeneri,
;t' It rs not a fact that I did not state before thc polrce that accused Sek:ndar
Air gave a lathi biow on thc head cf .Abdul Haque and thereaiter all the ac cnsed
persons dragged the in;ured to their house. At the tlme of occurrencg there
was light rarnrng and when I saw the rncideng none was present there, but
when I rarsed hue and cry many people assembled ar the P,O, After the
occurrence,l entered into the compound of the house o[ accused persons. At
the trme of occurrence the deceased Abdul Haque was wearirrg a whrte lungr
and ore \r'h,te ganil, I do not know whether the wearrng a1:parels o[ the
deceased stalned wrth blood.
It rs not a fact that I did not state before the Magrstrate ln m)r stat3ment
u/s 164 Cr.P.C. as to the date ofthe lncident and causrng assault by th(. a( cused
persons ,.r'l( lathr blow and that the accused persons dragged Abdul Ha lue to
therr house. It is not a fact that I dld not see any occurrence
RO. & A.C.
Vno
la
(P. SarkiaJ
Sesslons lud ge,Barpeta
Text of page 23
q
.qssam Schcalulc VIIL Form No 93
Hrgh Corm CrinunlForm )'{o' (M) 83
FORM FOR RECORDIIIG DEPOSMON
rHlDEPoSniON,r /trN { Oshs
ABcd sbout $o yast kqllo odh
o{ solcm rfErmrtkrn undcr provisron of hc Indim
Act.xof lgTt.bcfor? arc P, 9a;t4, 3t'85 J^A"<' / /l@\
xi A?d dator n'q2!t)9
ru{ynemc,s fr12 u} lcah,Y,)
.la
Im
rvlyhtlr'srumcm *tlnl lttAbi/l
I , Bycastc
t WU'n My housc is al Mouza
3 Pohccshnon gAf%b44) Dismct
lP
I rcridc at Prcsqrt in Mo ,o, 1y'0 ' ?- b ilY4+ P.s
.\ eil*'vr'1"Y'
Dsnrct /ba4f44 whac I am
T
0n S/A
I know the accused persons as well as the rnformant I also knew the
deceased In the year 2008 on 14th August I was at my house and during that
trme my vr'rfe Rabra went to fetch water from a tubewell and then she uttered -
" *,atlt-,tax;k " and on hearing the utterance I came out lrom my house
and saw that the son accused and his wrfe were pressrng Abdul Hoque on hrs
Ieg against the ground and the accused Ariful also pressed Abdul Hoque on hrs
chest and the accused Sekandar was $ving dao blows on Abdul Haque on hrs
neck. I saw the occurrence wth my own eyes Then I also rarsed-"
"+t lrih qile D and then some people tncludtng the students of school
came, Then the accused Sekandar fled away from the spot takrng a dao rn hrs
hand towards the t-ield. Then police came and r'ecorded my statement and my
statement was also got recorded before the Maglstrate u/s 164 cr P.C. Ext..l is
- - Ext.3[1J and 3(2) are my signatule;
_lee-rmf$fm.mfp6 164 Cr.P.C. where,n
Co ll td.
Text of page 24
@
Contd....
Cross-exam lnatron:.
I have no land drspute wtth the accused persons nor drd they frle any
case against me. There are some small bamboo fencing tn some places In the
house oI accused persoris, but there was no bamboo fenctng about the hergirt of
5/6 feet and there was also no bamboo fencing tnfront of the house of accused
persons tovr'ards the road. I saw the tnctdent from my house. I only saw the
accused Sel<andar giving dao blows on the neck of Abdul Haque. Apart h om
this, t saw no other rncident. lt rs not a fact that I dtd not state before the pohce
that the accused Sel..andar gave dao blows on tie neck ofAbdul Haque and
t
q accused Anful pressed the chest o[ deceased and that the wife Kulsom prcssed
rhe leg of deceased. The incldent occurred in the courcyard of accused pers(,ns.
I:( I saw the wrtnesses Ramesha who came to the P.O. after the incrdent, but I do
not know as to whether Ramesha saw the occurrence or not" It rs not a fact that
t{ I drd not state beibre the police that I saw Sekandar who fled away from rhe
spot towards the treld takrng a dao in hrs hand after grvrng a dao blow on Ablul
\i Haque. The rrrforiilairt is not Ielated to nle. It rs not a fact that I drd not see Jte
)
occurrence
\ R.O. & A.C.
a.y
(F. Saika)
Sessrons ludge,Barpeta
Text of page 29
Assam Schedule VIII, Form No. 93
High Court Crimina.l Form No. (M) 83
Sessions Case No. l7?Jl2
FORM FOR RECORDING DEPOSITION
THE DEPOSITION OF P.W. E
Aged about 65 years raken in oath or solemn affirmation under provision of the Indian Oaths
Act X of 1978. before me Sniti. N. Rajkumari, Sessions Judge. Barp€ta this 22d day of
January, 201 5.
My name is Sri Subodh Chandra Haloi. My father's name is Late Nareswar Haloi, i
ambycaste...... .....MyhouseisatMouza......... ..Police Station..... ... -.District. ... . ...1
reside at present in \'[srrzl - Pipolibarigaon, P.S. Belsor. DistricfNalbari, *trere I am Retd.
Police Officer.
On Oeth,
On 1448-08, I was working as ASI at Sarthebari Police Station. Around 11 a.m. on
that day a person, Ainal Haque by name and a resident of No.2 Kawoimari, lodged an ejahar
by appearing at thl Police station. I'he O/C of the P.S. registered a case with Sarthebari
Police Station Case No.124108 tils 302/34lPC and handed over the charge of investigation on
me. Taking thc charge of investigation I started offto the place ofthc occurrence. Aniving at
the P.O., I found the dead body of the deceased in the courtyard of the accused and held the
inquest on it right in presence of the witnesses. I prepared the skctch map of the place of the
occurrence. For PM examination, the dead body is sent to the Barpeta Civil Hospital.
Accused Arikut Ali and Kulchan Begum were found there and brought to the P.S for
interrogation. Then they wcre arrested and sent to the hon'ble cowt. Sikandar Ali was
absconding. Later, he was found and anested. I collected the PM report. I submiued the
charge sheet against the accused r:./s 302134 IPC Ext 6 is the charge sheet and Exr. 6(1) is
my signahre. From the place of the occurenc€, I seized a 5-l/2 feet (Approx) long plastic
rope, stained with blood and a 'gamosa stained with blood. Ext 5 is the scizure list and Ext
5(2) is my signature. Ext 7 is the sketch map and Ext 7(l) is my signature. I got the statement
of Rabia Khatun and Abul Kalam recorded u/s 164 CrPC. I also recorded Ramisha Begum's
Text of page 30
slatemcnt under ttre said section. The higher authority had already entrusted me n'ith the
responsibility of submitting the charge sheet,
XXXXX
The incldent of this case took place around 1 1 a.m. The date of report is 14-08-08 and
the time is I p.m. The Police Station is about l0-km from the place of the occurrence. One
can cross the first five kilometres of the road from the P.O. by brcycle but the next five
kilometres road is motorable. I recorded PW Ainal Haque's statement at the place of the
occrurence itself. I did not intcrrogate the scribe of the ejahar of this case Rafiqul Alam
Khan. I have not mentioned it in the case diary why I did not record the statement. Before the
ejahar was lodged in this conneclion, nobody had informed the P.S. ofthe incident verbally. I
did not make an enquiry regarding whose land was that where the dead body was lying. Ext 3
is not a photocopy but it is a carbon copy and the signature is also a carbon copy. I have not
mcntioned the colour of the seized plastic rope and the gamosa. I have not sent the seized
artrcles to the FSL. for examrnation. I have not seen the said seized gamosa rmd the rope in the
court to.jay. The seized gamosa and the rope were lyrng near the dead body. There is no
house near the P.O. to the east except for Atar Ali's house. There is the paddy field and the
School building to the north, south and west. The earth where the dead body was lying was
soiled with blood; however, I did not seize the said earth. As an ASI I should receive written
permission ftom the SP along with official memo for investigating into a murder case,
Nothing was mentioned in the case diary regarding the said permission. I did not furnish the
copy of the prermission along with thc case diary. No incident had taken place inside the
house at the P.O.
While giving stalcment before mc, PW Ainal Haque did not tell me that around 11
a.m. on the day of the occlurence, my father had gone to sec my father-in-law's fishery near
accused pcrson's house; that the rncident had taken place regarding the accused person's
blocking the strearn of water to the fishery and that the quarrel had taken place over my
father's unblocking the stream of water. PW Ainal Haque did not tell before me fiat Rabia
and Kalam had
'r'itnessed the incident and then told him about that.
PW Rabia Khatun did not tell before me that Zinnat and Kalam had witnessed the
incident. In his stalement Zinnat Ali did not tell me that amund I I a.m. on 14-08-08 he had
bccn at his home; that hearing a hue and cry, he had gone out of his house and that when he
had gone to accused pcrson's housc. Sikander Ali, uking thc dao, left towards south,
Text of page 31
f,fi,9
however, he told that the accusetl had fled after cuttrng him $ec<ased)with a dao. PW, Zinnat
,/\
Ati did not tell before me that Kulchan Begum had been standing near the dead body. In his
statement, Ramesha Begum did not tell before me that accused Sikander had assaulted Abdul
Haque's ...., . ...(Illegiblc) with lathi and then dragged him to their house. PW Abdul Kalam
told before me that accurd Sikander had hacked (omitted in the original) in the neck and in
the head. Later says, Sikandar hacked qdth a dao, but he did not say that he had been hacked
in the neck. PW Abul Ka.lam did not tell me that Ariful had kept Abdul Haque presscd by his
chest and Kulchan had kept hrs legs pressed down. PW Abdul Kalam told me that the
accused had gone in a run but did not tell me that hc had run along the field.
PW Abdur Rahman did not tell me that Abdul Kalam had not told him ttnt Sikander
had hacked Abdul Kalam with a sharp weapon
lt is not a fact that police had visited the place of the oc€tnrence before I investigated
into the case. It is not a fact that I did not go to the place of the occurrence in order to
investigate into the matter and that completed the investigation just by sitting at the Policc
Station.
Sd/- Sri Subodh Haloi R.O & A.C
Sd/- illegible
22.t.15
Text of page 32
Assam Schedule MII, Form No. 93
High Court Criminal Form No. (M) E3
Scssions Case No. 172112
FORM FOR RECORDING DEPOSITION
THE DEPOSITION OF P.W.9
Aged about 38 years taken in oath or solemn affrrmation under provision of the Indian Oaths
Act X of 1978. beforc me Smti. N. Rajkuman, Sessions Judge, Barpeta lhis 30d day of
Marctu 20 I 5.
My name is Sri Rajnesh Bora. My father's name is late Jatiadra Bora- I am by
caste............My house is at Mor''2e.............Police Starion...........District.......-l reside
at present inMoIz, Police Station........., District-........ where I arn OSD, Gauhati
High Court.
On Oath,
On 19-09-08, I was working as the Judicial Magistrate under the Chief Jud.icral
Magistrate. Barpeta That day, in connection with Sarthebari P.S. Case No 24lOP, I took
statements of PW Ra-misha Begum. AMul Kalam and Ms Rabia Begum U/s 161 Cr.P.C. Ext
8 is the statement of Ramisha Begum and Ext 8(1) is my signature. My Bench Assistant has
endorsed the thumb impression grven by PW Ramisha Bcgum. PW-9 is the statement of
Abdul Kaiam and ExL 9(3) is my signaturc. Ext 9(1) and 9(2) are the signatures ofPW Abul
Kalam put before me. Ext-2 is thc statemenl of PW Rabra Khatun. Ext 2(l) and Ext 2(2) are
the signatures of Rabia Khatun. Ext.2(3) is my signature.
xruo(
Below the statements of the witnesses or tn my order, I have not mentioned that the
*itnes$*ere not infl uenc€d.
R.O&AC,
Sd/- Rajnesh Bora Sd/ Itlegible
30.03.1 5 30.3.15
Text of page 33
Assam Schedule VIII, Fonn No. 99
@
High Court Criminal Form No. (M) 85
Sessions Case N o. 172112
FORIT{ OF RECORDING EXAMINATION OF ACCUSED
EXAMINATION OF ACCUSED PERSON
(Section 364 ofthe Criminal Procedure Code)
The examination of Accused.
Aged about 74 years taken before me.............. Magistratc of
the ........ ..... ... ....class at. ..... ...... . . ...onthe l0ddayof April,20l5 in the language
interpretcd by
My name is Md. Sekender Ali. My fathcr's name is late Halim Mi4 I am by caste
Muslim, and by occupation - Cultivation, My home is at Mouza - Paka Police Station -
Sarthebari, District- Barpeta I reside at 2 No Block Kawaimari & Reserve.
Q. Adducing evidence PW I Ainal Haque has stated that around 1l a.m. on 14-0E-0E,
coming fiom school, he came to know that you, in collusion wi'Ji oth,er accuseq . had
krlled his father when his father had gone to see the fishery cf PW's father-in-law' neir your
housc. What do you say in this regard?
Ans: lt is false
Q. PW-l Ainal Haque has further stated in evrdence that there was a canal nearby the fishery.
that you, along with other accuscd had closed that canal intentionally; that when his father
prevented you from doing so, you had pickcd up a quarrel with his father; that then you, in
collusion with other accuse4 dragged his father to your courtyard, tied him with rope and
caused his instantaneous death by injuring him with sharp weapon. What do you have to say
in this regard?
Ars' lt is false.
Q Adducing evidence, PW Ainal Haque has stated that Rabia, Kalam and others witncssed
the incident and that the said witnesses, detailed him, before he had reached the place of the
occurrence, how you had killed his father Later. this.\^ttness lodged a case against you vide
Ext I in connection with the incident.
Text of page 34
Ans: It is false. Q. Adducing evidence PW-l Ainat Haque has further stated in evidence that during investigation of this case, police seized a plastic rope and a gamosa at the place of the occurrence vide Ext 5, i.e. the seizure list right in fiont of him. Material Ext. I is the plastrc rope and Material Ext 2 is the seized gamosa and he identified the said seized articles in the court. What is your reply? Ans: It is false. Q. Adducing evidcnce PW-2 Mustt Rabia Khatun has stated that on 14-08-08 hearing a scream from near the tube-well in his campus, he looked around and saw you inflicting injury to the deceased with a dao and that at that time. other accused, namely Ariful and Kulsom kept the deceased pressed against the ground; that whcn she raised a hue and cry you fled from the place of the occurrence taking the dao. What is your reply? Ans: It is false. Q. Adducing evidence PW-2 Musst Rabia Khanrn has further stated that many people galhered at the piace of the occuncnce following a hue and cry; that her husband Kalam KIan and Jrnnat Ali, too, witnessed the incident; that then the information was given to deceased person's son Ainal Haque; that pohce got his statement recorded b1r the magistrate u/s 164 CrPC. What is your reply? Ans: It is false. Q. Adducing evidence PW-3 Jinnat Ali has stated that aroturd 11 a.m. on 14-08-08 heanng a hue and cr,v in the outside, he looked therc and saw you, armed with a dao, running to the south of his house; that he saw other accud Kulsom standing at the placc of the occurrence and saw the deceased lying on the ground at the courtyard; that thereafter, he came to know that you had killed the deceased by hacking him with a dao. What is your reply? Ans: It is false. Q. Adducing evidence PW 3 JiilEt Ali has further stated that the complainant came ro the place ofthe occurrence after that and the inquest report (Ext.3) was prepared right in presence of hrm and the complainant. What is your reply? Ans: It is false
Text of page 35
Q. Adducing evidence PW 4 Ramesha Begum has stated that amund 11-30 a.m. on l4-08-0E
when he was taking his cattle to the field, vou, along with other accusedrwere quarrelling
with Abdul Haque (the deceased); that at that time, you hit the deceased on his head with a
lathi; that then the accused fell to the ground; that then other accused Arikul Ali dragged the
deceased to your courtyard; that when he raised a hue and cry, you fled the scene taking the
dao. What is your reply?
Ans: It is false
Q. Adducing evidence PW-4 Ramesha Begum has again stated that going to your couq'ard,
the villagers and she saw cut injury in the head of the deceased; that later on, police came and
got her statemcnt recorded his statement u/s 164 CrPC by a magistrate. What is your repty?
Ans: It is false
Q. Adducing evidence PW-5 Abul Kalam has stated that on 14fr August 2008 when his wife
shouted as "some one being killed, some one beir,g killed", he came out of his house and
found the other accused Arikul kept the deceased pressed against the ground and that you
inllictcd injur.v to the deceased in t-he neck wirt a dao; that later on when he shouted as "some
one being killed, some one being killed". some people and some studenls from the schooi
came there; that then you fled towards the field taking a dao in hand. What is your reply?
Ans; It is false.
Q. Adducing evidence PW-6 Dr. Moinul Haque has stated that on 15-08-2008 whcn he was
working as M & H O at Barpeta Civil Hospital, he conducted post-mortem examination on
the dead body of Abdul Haque in connection with Sarthebari Police Station Case No 124108
and found the following:
Woundr. position rnd cheractcr :-
(I ) Lacerated wor:nd at the right side of scalp srze 6" inch x 3" inch x 2" inch.
(2) Depressed fractur€ aI the right parietal bone, size 5" rnch x 2" inch x 2" inch
(3) targe harnatoma and laceration present in the right cerebral cortex with middle
shithing with tentonal haniation. Size 6" inch x 5" inch.
(4) I^acerated wound over the left side of chest 3" inch x l" irch
Text of page 36
ADdry,:-
Stomach and its contents : stomach contains undigested food rnaterials
Small intcstine and large intestine :- Contains faceal matter and gases
Scalp :- Lacerated wound at the right srde ofScalp size 6" x 3" x 2" inch
Skull :- Depressed fracnrc ofthe right parietal bone size 5" x 2" x 2"
Membrane : Healthy
Brain and spinal cord i Large hematoma and Laceration present in the right cerebral
contex with midline shifting and tentorial laceration size 5" x 4" x 3''.
Heart :- Healthy. Right heart is full with clotted blood.
Left heart chamber is empty
Ooinion :- Death was due to coma resulting liom head injury as described. All the
injuries are ante-mortem caused by blunt force impact
Vide Ext 4 he certified the post-mortem rcport. What is your reply?
Ans: It is false.
Q. Adducing evidence PW-7 AMur Rahim has stated that around I I a-m. on 14-08-08,
having seen some people gathered at the piace of the occunence, he went there and one
person, Kalam by name, among them told thc PW that you had hacked Abdul Haque (the
deceased) uith a sharp weapon; that when an ejahar was lodged with the P.S. in connection
with the inciden! police came and apprehended your wife and son and that by then ;rou had
fled from the scene. What is yow reply?
Ans: It is false,
Q. Adducing evidence PW-8 Shd Subodh Chandra Haloi, the investigating officer has stated
that on l4-08-08 when he was attachcd to Sarthebari Police Station as the ASI, the O/C ofthe
said Police Station entrusted him with the charge of investigation of Sarthebari P.S. Casc No.
124108 n/s 3O2134 IPC; that accordingly, he ca.ure to thc place of thc occurrence and upon
finding the deceased at your courtyard, he held the inquest on it and prepared the inquest
report; the dead body was sent to the Barp€ta Civil Hospital for post-mortem examination;
Text of page 37
that hc arrested other accused, namely Arikul and Kulchan and sent them to the courfi that then he collected thc Post-mortem examination report and upon finding sufficient evidence against the accused persons, he submitted the charge sheet (Ext 6) tt/s 302/34 IPC. What is your reply? Ans: lt is false. Q. Adducing evidcnce PW-8 Shri Subodh Chandra Haloi, the investigating officer has stated thar he seized a plastic rope measuring about 5-1i2 feet long and a gamosa vide Ext 5 the seizure list. Both the articles were stailed wift blood. The PW has firther stated that Ext. 7 is the Sketch Map and that he got the statements of Rabia Ktratun and Abul Kalam recorded in the court u/s 164 CIPC. What is your reply? Ans: It is false. Q. Adducing cvidcnce PW-9 Shri Rajneesh Borah has stated that on 19-09-08, he worked as the Judicial Magistrate under the Chief Judrcral Magistrate, Barpeta; that on that day in connection with Sarthebari Police Station case no 24i08, he recorded the $atements of Musrt. Rubia Begum and Abul Kalam u/s 164 IPC and that he also recorded the slatements of Ramesha Begum, Abul Kalam and Rubia Khatun vidc Ext.8,9 and 2 rcspectively. What is your reply? Ans: It is false Q Rabiya Khatun, the victim has stated in her statern.nt recordeC ,,:/s 154 CrPC that the incident took placc around I I am. on 14-08-2008; that at that time she was near the tube- well of their house; Lhal the distance betr,r'een your house and that of hers rs about ten cubits; that both the houses are close to each other; hearing a hue and cry at the place of the ooculrence, she went to the place of the occurrence and found Abdul Haque's dead body lying at the courtyard of your house; that rhe other accused, namely Arikul and AMul Haque kept the hands and chest of the deceased pressed down against the ground; that your wife kept the [egs of thc dcceascd presscd dowrr. that she saur you dealing three dao blows on Abdul Haque's head; that when*'.e raised a hue and cry, you mn towards the south taking the dao. AMul Haque suffered severe bleeding. What is your reply? Ans: It is false.
Text of page 38
Q. Adducing evidence victim Ramesha Begum has further stated in her statement recorded
u/s 164 CrPC that the incident took place on 1t-30 a.m. on Thursday about one month ago;
that when she was going to the road to feed the cattle,$e saw you; that an altercation was
going on at thc road and that your son Arikul, your wife and you werc on one side while
Abdul Haque was on the other side during the altercation; that he was watching the incident
from a distance ofone or one and half bigha away; that he sau,you assaulting Abdul Haque
with an imn object, Abdul Haque died; that then your son, your wife and you book the
deceased to your courtyard; that blood was oozing out of AMul Haque's person; that when
his farher Md. Hasen Ali and he raised a hue and cry. you came chasing him taking a dao in
hand; thar both ofthem fled away out offear. What is your reply?
Ans: False
Q. Victim Abul Kalam has said in her statement made r:/s 164 CrPC that tbe incrdent took
place around I l/11-30 am.; that he was at his house and hearing a huc and cry he came out
and saw that having lain Abdul Haque on the ground, ,fuikul and your wrfe kept prcssed him
down against the ground and you were hacking him with a dao; that when he raised a hue and
cry, the public came and then you ran away towards sorrlh by brandishing the dao. What is
your reply?
Ans: It is false
Q. Do you have anything to say regarding the evidence adduced by the complainant?
Ans: On the day of the occurence, AMul Haquc and others drove us away by breaking our..
(omitted in the original). Latcr I heard that Abdul Haque died. Abdul Haque and orhen have
occupied our landed property.
Q. Would you citc evidence in defence?
Ans: I won't
Sd/- Md. Sekender Ali
(S ignature of the accused)
SdJ- illegible
Sessions Judge
Baryeta
10.4.1 5
Text of page 39
The above examination was taken in my presencc and hcaring and contarns a full and
tnre account ofthe statement made bv the accused.
Sd/- Sekender Ali Sd/- illegible
Sessions Judge
Barpeta
r0.4.I5
Text of page 40
Assam Schedule VIII, Form No. 99
High Court Criminal Form No. (M) 85
Sessions Case No. l'12/12
FORM OF RECORDING EXAMINATION OF'ACCUSED
EXAMINATION OF ACCUSED PERSON
(Section 364 of the Criminal Procedure Code)
The examination of Accused.
Agcd about 26 years taken before me N. Rajkumari Magistrate of the ........... class
at.....................on the 106 day of Apnl,20t5 in the language mterpreted
by
My namc is Md. Arikul Ali. My father's name is Md. Sakendar AIi, I am by caste
Muslim, and by occupalion - Labour, My home is at Mouza - Paka Police Station -
Sarthebari, District- Barpeta I reside at 2 No. Block Kawdmari & Reserve.
Q. Adducing evidence PW I Ainal Haque has stated that around I I a.m on I4-0E-08,
coming from school, he came to know that you, in collusion *'ith other accused, h,ad killed
his father when his father had gone to see the fishery of PW's father-in-law near your house.
What do you say in this regard?
Ars: It is false
Q. PW-l Ainal Haque has further stated in evidence thal there was a canal nearby thc fishery;
that you, along with other accusedrhad closed that canal intentionally; that whcn his father
prevented you from doing so, you had a quarrel with his father; lhat then you" in collusion
with other accused, dragged his father to your courtyard, tied him with rope and caused his
instantaneous death by injuring him with sharp weapon. What do you have to say in this
regard?
Ans: lt is false.
Q. Adducing evidence, PW-1 Ainat Haque has stated that Rabia, Kalam and others witnessed
the incident and that the said wimesses, detailed him, before he had reached the place ofthe
oc.urrence, how you had killed his father. Larcr, this witness lodged a case against you vide
Ext 1 in connection with the incident What is your reply?
Ans' It is falsc
Text of page 41
Q. Adducing cvidence PW-l Ainal Haque has funher stated in evidence that during
investigation of this case. potice seized a plastic rope and a gamosa at the place of the
occllrrcnce vide Ext 5, i.e. $e seizure list right in front of him. Matcrial Ext. I is the plastic
rop€ and Material Ext. 2 is the scized gamosa and he identified the said seized articles in the
court. What is your reply?
Ans: tt is false
Q. Adducing evidence PW-2 Mustt Rabia Khatun has stated that on t4-08-08 hearing a
scrcam from near lhe tube-well in his campus, he looked around and saw you inflicting injury
to the deceased with a dao and that at that time, other accused, namely Arifrrl and Kulsom
kept the deceased prcssed down agai.nst the ground; that when she raised a hue aod cry,
you fled fiom the place ofthe occurrence taking the dao. What is your reply?
Ans: It is faise
Q. Adducing evidence PW-2 Mussl Rabia Khatun has further ststed that many people
gathered at the placr of the occunence following a hue and cry; that her husband Kalam
K-han and Jinnat Ali. too. witnessed the incident; that then the information was given to
deceascd person's son Ainal Haque; that police gct his statement recoFdcd b,v the magistrate
u/s 164 CrPC. What is your reply?
Ans. It is false
Q. Adducing evidence PW-3 .Iinnat Ali has stated that amund I I a.m. cn l4-08-08 hearing a
hue and cry in the outside, hc looked there and saw accuscd Sekendcr Ali, armed with a dao,
running to the south ofhis housc; that he saw other accused Kulsom standing at the place of
the occurrence and he also saw the deceased lying on the ground al the courtyard; that
thereafter, he came to know that your companion Sekender had committed the murder ofthe
deceased by hacking him with a dao. What rs your reply?
Ans: It is false
Q. Adducing evidence PW 3 Jinnat Ali has further stated that the complainant carne to the
place of the occurrence after that and the inquest report (Ext.3) was prepared right in presence
of him and the complainant What is your reply?
Ans: It is false
Text of page 42
Q. Adducing evidence PW 4 Ramesha Begum has stated that around I 1-30 a.m. on lzl-08-08
when he was taking his cattle to the field, you, along with other accused were quarrelling
with Abdul Haque (the deceased); that at that time, your companion Sekcnder Ali hit the
deceased on his head with a lathi; that then the accused fell to the gound; that then you
dragged the deseased to your courtyard; that when he raised a hue and cry, you fled the scene
taking the dao. What is your reply?
Ans. It is false.
Q. Adducing evidence PW-4 Ramesha Begum has again stated that going to your courtyard,
the villagers and she saw cut injury il the head of the deceased; that later on, police came and
got her statement recorded u/s 164 CrPC by a magistare. What is your reply?
Ans: It is false
Q. Adducing evidence PW-5 Abul Kalam has stated that on t4th August" 2008 when his wifc
shouted as "someone being killed, someone being killed", he carne out of his house and
found you keeping the deceased prcssed down agairrst the growd and that Sekender was
inflicting injury to the derucased in the neck with a dao: tlat later on when he shouted as
"someone being killed, someone being killed", some people and some studenrs from the
school came there; that then Sekender Ali fled towards the field taking a dao in hand. What is
your reply?
Ans: It is false.
Q. Adducing evidence PW-6 Dr. Moinul Haque has stated that on 15-08-2008 when he uas
working as M & H O at Barpeta Crvil Hospital he conducted post-mortem examination on lhe
dead body of Abdul Haque in connection with Sarthebari Polrce Station Case No 124108 and
found the following :
\Yousd!,lslilion end cherecter '-
(l) Lacerated wound at the right side ofscalp size 6" inch x 3" hch x 2" inch.
(2) Depressed fracture at tJre right parietal bone, size 5" inch x 2" inch x 2" inch
(3) Large hamatoma and laceration present in the right cerebral cortex with middle
shithing with tentonal haniation Size 6" inch x 5" inch.
Text of page 43
(4) Lacerated wound over the Iefl side ofchest 3" inch x l" inch.
MgIngl:-
Stomach and its contents : Stomach conlains undigested food materials
Small intestine and large intestine :- Contains faceal matter and gases.
Scalp :- Lacerated wound at the right s.ide of Scalp size 6" x 3' x 2" inch
Skull :- Depressed liacture ofthc right parietal bone size 5" x2" x2".
Membrane : Healthy. Right heart is full with clotted blood.
Left heart chamber is empty
Brain and spinal cord :- large hematoma and Laceration present in the right cerebral
contex with midline shifting and tentorial laceration size 5" x 4" x 3".
Ooinion :- Death was due to coma resulting from head injury as described. All the
injuries are ante-mortem caused by blunt force impact.
Vide Ext 4 he certified the post-mortem report What is your reply?
Ans: It is false
Q. Adducing evidence PW-7 Abdur Rahim has stated that arorurd I I am. on 14-08-08,
having seen somc people gathered at the place of the occurrence, he went there and one
person, Kalam by name, among them told tlre PW that you had hacked Abdul Haque (the
dcceascd) with a sharp weapon; that when an ejahar was lodgcd with the P.S. in conncction
*ith the incident, police came and apprehended accused Sekender Ali's son but Sekender Ali
fled ftom the scene. What is yout reply?
Ans: It is falsc
Q. Adducing evidence PW-8 Shri Subodh Chandra Haloi, the investigating officer has stated
that on l4-08-08 when he was attached to Sarthebari Police Station as the ASI, the O/C ofthe
said Police Station entrusted him with the charge of investigation of Sarthebari P.S. Case No.
124108 n/s 30234 IPC; that accordrngly. he came to the place of the occurrence and upon
finding the deceased at your courtyard, held the inquest on it and prepared the inquest report;
the dead body was sent to the Barpcta Civil Hosprtal for post-mortem cxamination; that hc
Text of page 44
arrested accused Kulchan and you and sent them to the court, that then he collected the Post- mortem examination report and upon finding sufficient evidence agarnst the accused persons. he submitted the charge sheet (Ext 6) uls 302134IPC. What is your reply? Ans: It is false Q. Adducing evidence PW-8 Shri Subodh Chandra Haloi, the investigating officer has slated that he seized a plastic rope measuring about 5-12 feet long and a gamosa vide Ext 5 the seizure list. Both the articles were stained wifi btood. The PW has further stated that Ext. 7 is thc Sketch Map and that he got the statements of Rabia Khatun and Abul Kalam recorded in the court u/s 164 CrPC. What is your reply? Ans: [t is false Q. Adducing evidence PW-9 S}ur Rajneesh Borah has stated that on 19-09-08, he worked as the Judicial Magistrate under thc Chief Judrcial Magistrate, Barpeta; that on that day in connection with Sarthebari Policc Station casc no 24108, he recordcd the statcments of Mustt Rubia Begum and Abu[ Kalam u/s 164 IPC and that he also recorded the statemcnts of Ramesha Begunr" Abul Kalam and Rubia Khatun vide Ext. 8, 9 and 2 respectively. What is vour reply? Ans: It is false Q. Rabiya Khatun, the victim has stated in her statement recorded u/s 164 CrPC that the incident took place around I I a.m. on 14-08-2008; that at that time she was near the tube- well of their house; that the distance between your house and that of hers is about ten cubits; that both the houses are close to each other; hearing a hue and cry al the place of the occurrence,ghe went to fte place of the occurrence and found AMul Haque's dead body lying at the courtyard of your house; that Abdul Haque and you kept the hands and chest of the deceased pressed against the ground; that accused Sekender's wife kept the legs of the deceased pressed; that the PW saw you dealing tluee dao blows on AMul Haque's head, that whenshe raised a hue and cry, Sekender Ali ran towards thc south taking the dao. Abdul IIaque suffered from severe bleeding. What is your reply? Ans: It is false Q. Adducing cvidence victim Ramesha Begum has further stated in her statement recorded n/s 164 CrPC that around I l-00 a-m. on the day of the incident, whcn an altercation was
Text of page 45
going on at the road near Sekendff Ali's hour, Sekender Ali, his wife and you were on one
side while AMul Haque was on the other party; that then Sekender Ali hit Abdul Haque with
an iron object, Abdul Haque died; that then accused Sekender Ali, his son and Sekender Ali's
wife took the deceased to their cor:rtyard; that blood was oozing out of deceased person's
body; that when his father Hasen Ali and he raised a hue and cry Senkender Ali, armed with a
dao came chasing them and both ofthem fled the scc'ne out offcar. What is your reply?
Ans: False.
Q. Victim Abul Kalam has said in his statement made u./s 164 CrPC that the incident took
placc around I I /l I -30 a-m.; that at thal time he was at his house and hearing a hue and cry he
came out and saw that having lain Abdul Haque on the ground, your wife and you kept
pressed him down agairst the ground and Sekender Ali deait two rlso blows to AMui Haquc
with a dao right in front of himl that when he raised a hue and cry, ttre public came and then
you ran away towards south by brandishing the dao. What is your reply?
Ans: It is false
Q. Do you have anyling to s,y regarding the evidence adduced by the complainant?
Ans
Q. Would you cite evidence in defence?
Ans: I won't
Sd/- tuikul Ali
(Sigrature of the accuseQ
10.4.15
Sd/- illegible
Scssions Judge
Barpeta
10.4.15
Text of page 46
The above examination was taken in my presence and hearing and contairs a full and
true account ofthe statement made bv rhe accused.
Sd/- Arikul Ali Sd/- illegible
Sessions Judge
Barpeta
10.4.l5
Text of page 47
Assam Schedule VIII. Form No. 99
aq
High Court Criminal Form No. (M) 85
Sessions tasc No- 172/ 12
FORM OF RECORDING EXAMINATION OF ACCUSED
EXAMINATION OF ACCUSED PERSON
(Section 364 of the Criminal hocedue Code)
The examination of Accused.
Aged about 60 years taken before me N. Rajkuman Magistrate of the ...... .. . , ..class
at....................onthe106dayofAprit,2015inthelanguageinterpreted
by
My name is Miss Kulchan Bcgum. My father's name is Late Naimuddin, I am by
caste Muslim, and by occupation - Housc Wife, My home is at Mouza - Paka, Police Station -
Sanhebari, District- Barpeta. I rcside at 2 No. Block Kawaimari & Reserve.
Q. Adducing evidence PW I Ainal Haque has stated that amund I I a.m. on l+08-08,
coming from school, he came to kncw that you, in collusion'*ith o'Jrer accu*d, had kiiled
his father when his father had gone to s€€ the fishery of PW's father-in-law near your house.
What do you say in this rcgard?
Ans lt is false
Q. PW-1 Ainal Haque has further stated in evidence that there was a sanal nearby the fishery;
that you, along with other accusedrhad closed that canal intentionally; that when his father
prevented you from doing so, you had a quarrel with his father; that then you, in collusion
with other accused, dragged his father to your murtyard, tied him with rope and caused his
instantaneous death by injuring him with sharp weapon. What do you have to say in this
regard?
Ans: lt is false.
Q. Adducing cvidcnce, PW Ainal Haque has stated that Rabia, Kalam and others witnessed
the incident and that the said witnesses, detailed him, before he had reached the place ofthe
occurrence, how you had krlled his father. l,ater, this witness lodged a case against you vide
Ext I in connection with the incident.
Text of page 48
Ans: It is false Q. Adducing evidence PW-l Ainal Haque has furlher stated in evidence that during investigation of this casc, police seized a plastic rope and a gamosa at the place of the o€curence vide Ext 5, i.e. the seizure list nght in front of him. Material Ext. I is the plastic rope and Material Ext. 2 is the seizcd gamosa and he identified the said seized articles in the cout. What is your reply? Ans: [t is false. Q. Adducing evidence PW-2 Mustt Rabia Khatun has stated that on 14-08'08 hearing a screErm from neff the tube-well in his campus, hc looked amund and saw accus€d Sekender A.li inflicting injury to the deceased with a dao and that at that time, other accused, namely Ariful and you kept the deceased pressed down against the ground; that when she raised lhue and cry accused Sekender Ati fled from the place of the occrurencc taking thc dao. What is your reply? Ans: lt is false Q. Adducing evidence PW-2 Musst Rabia Khatun has finther stated rhat many people gathered at the piace of the occurrence following a hue and cry; that later she told deceased person's son Ainal about the incidentl that police got his statement recorded by the magistrate u/s 164 CrPC, What is your reply? Ans: It is falsc. Q. Adducing evidence PW-3 Jinnat Ali has stated that around I I a.m. on 14-08-08 hearing a hue and cry in t}e ouside, he looked there and saw your companion Sekender Ali, armed with a dao, running to the south of his house; that he saw you standing at the place of the occurencc and saw the deceased lying on the ground at the courtyard; that thereafter, he came to know that you hrlkilled the deceased by hacking him with a dao. What is your reply? Ans: It is false Q, Adducing evidence PW 3 Jinnat Ali has further stated that the complainant came to the place ofthe occurrence after that and the inquest report @xt.3) was prepared right in presence of him and the complainant. What is your reply? Ans: It is false.
Text of page 49
Q. Adducing evidence PW 4 Ramesha Begum has stated that around I l-30 a.m. on 14-08-08
when he was taking his cattle to the fieid, you along with other accused were quarrelling with
AMul Haque (the deceased); that at that time, your compar,ion accused Sekender Ali hit the
deceased on his head with a lathi; that then the accused fcll to the ground; that then other
accused Arikul Ali dragged the deceased to your courtyard; that when she raised a hue and
cry. other accused Sekender Ali fled the scene taking the dao. What is your reply?
Ans: It is false.
Q. Adducing evidence PW-4 Ramesha Begum has again statcd that going to your coutyard.
the villagers and she saw cut injury in the head of the deceased; that latcr on police came and
got her statement recorded u/s 164 CrPC by a magistrate. What is your reply?
Ans It is false.
Q. Adducing evidence PW-5 Abul Kalam has stated that on 14h August 2008 when his wife
shouted as "someone being killed. someone being kjlled": that Lhen he carne out of his hcuse
and formd the other accused Arikul kept 'rhe deceassl prcssed against the ground by his chest
and that Sekender Ah inflicted injury to the deceased in the neck with a dao; that later on
when he shouted as "someone being killed, someone being killed", some people and somc
students from the school came there; that then Sekender Ali fled towards the field taking a
dao in hand. What is your reply?
Ans: It is false.
Q. Adducing evidence PW-6 Dr. Moinul Haque has stated that on l5-08-2008 when he was
working as M & H O at Barpeta Civil Hospital he conducted post-mortem examination on the
dead body of Abdul Haque in connection with Sarthebari Police Station Case No 124108 and
found the following :
Wound,s. oositloo end chenctcr
(1) Iacerated wound at the right side of scalp size 6" inch x 3" inch x 2" inch.
(2) Depressed Iiacture aI the right parietat bone, size 5" inch x 2" inch x 2" inch.
(3) targe harnatoma and laceration present in the right cerebral cortex with middle
shiJhing with tentonal haniation. Size 6" inch x 5" inch.
Text of page 50
i
(4) Lacerated wound over the left side ofchcst 3" inch x l " inch.
Abdomen
Stomach and its contenls : Stomach contains undigested food materials.
Small intestine and large intestine :- Contains faceal matter and gases
Scalp ;- Lacerated wound at the right side ofScalp size 6" x 3" x 2" inch
Skull :- DepresseC fracture ofthe right parietal bonc size 5" x2" x2"
Membrane : Healthy. Right heart is full with clotted blood
l,eft heart chamber is empty.
Brain and spinal cord :- I-arge hcmatoma and Laccration present in the right c€rebral
contex with midline shifting and tentorial laceration size 5" x 4" x 3".
Opinion :- Death was due to coma resulting from head injury as described. All the
injuries are ante-mortem caused by blunt force impact.
Vide Ext 4 he certified the post-mortem report. What is your reply?
Ans: It is false
Q. Adducing evrdence PW-7 Abdur Rahim has stated that around 11-30 a.m. on 14-08-08,
having secn some people gather€d at the place of the occurrence, he went there and one
person, Kalam by narne. among them told the PW that Sekender Ali had hacked AMul
Haque (the deceased) with a sharp weapon; that when an ejahar was lodged with the P.S. in
connection with the incident, police came and apprehended Sekender Ali's son and that
Sekender Ali had fled from the scene. What is your reply?
Ans: It is false
Q. Adducing evidence PW-8 Shri Subodh Chandm Haloi, the investigating officer has stated
that on 14-08-08 when he was attached to Sarthebari Police Station as the ASl, he took the
charge ofinvcstigatron of this case and visited the place ofthe occurrence; he held the inquest
on the dead body upon finding it at your courtyard, prepared the sketch Map, and then the
dead body was s€nt to the Barpeta Civil Hospitat for post-mortem examination; that he
arrested Arikul and other accused and sent them to the cout: that then he collected the Post-
Text of page 51
mortem cxamination report and upon finding sufficient evidence agairst the accused persons, hc submitted the charge sheet (Ext 6) n/s 302134LPC. What is your reply? Ans' lt is false. Q. Adducing evidence PW-8 Shri Subodh Chandra Haloi, the investigating officer has stated thst he seizcd a plastic rope measuring about 5-l/2 feet long and a gamosa vide Ext 5 the seizure list. Both the articles were stained with blood. The PW has further stated that Ext. 7 is the Sketch Map and that he got the statements of Rabia Khatun and Abul Kalam rccorded in the court u/s 164 CrPC. tr/hat is your reply? Ans: It is false. Q. Adducing evidence Pw-9 Shri Rajneesh Boral has stated that on l9-09-08, he worked as the Judicial Magistrate under the Chief Judicial Magistrate, Baxpeta; that on that day in connection i!'ith Sarthebari Police Station case no 24108, he recorded the statements of Mustt Rubia Begum and Abul Kalarn r:is 164 IPC and that he also reccrded the staterrents of Ramesha Begum, Abul Kalam and Rubia Khatun vide Ext. 8, 9 and 2 rcspectively. What is your reply? Ans: It is false Q. Rabiya Khahr, the victim has stated in her statement recorded u/s 164 CrPC that the incident took place around 11 a.m. on 14-08-2008; that at that time she was near the lube- *el[ of their house: that the distance betyieen your house and that ofheA is abcut ten cubis; that hearing a hue and cry at the place of thc occurrence, she went to the place of thc @curence and found Abdul Haque's dead body llng at the courtyard of your house; that you, the wife of Sekender Ali kept the legs of the deceased prcssed down against the ground with your hands; that the PW saw accused Sekender Ali dealing three dao blows on deceased person's head; that when she shouted accused Sekender Ali ran towards the south taking the dao. AMul Haque suffered from severe bleeding. Whar is your reply? Ans: It is false Q. Adducing evidence victim Ramesha Begum has further stated in her statement recorded u/s 164 CrPC that around 1l-00 a.m. on the day of the incident (on Thursday) when an altcrcation wis going on beside the road near Sekender Ali's house, Sekender Ali, Arikul Ali and Kulsom (y'ou) were in one srde and AMul Haque was there on tle other side against you;
Text of page 52
/-r<\
/<,o I
u7
that when accused Sekender Ah hit AMul Haque with an iron object, Abdul died; that later,
accused Sekender Ali, his son and you took the deceased to your courtyard; that the dcceased
was bleeding: lhat when his father Hasen Ali raised a hue and cry accuscd Sekender Ali,
armed with a dao, charged at them, then they fled out of fear. What is your reply?
Ans: False.
Q. Victim Abul Kalam has said in her statement made u/s 164 CrPC that the incident took
place around I I i I I -30 a-m.; that he was at his house and hearing a hue and cry he came out
and saw that having lain AMul Haque on the ground,accused Sekender Ali and Arikul kept
Abdul Haque pressed down against the ground; that other accused Sekender Ali dealt t'wo
blows to the deceased right h front of him: that when he raised a hue and cry, the public
came and then Sekender Ali ran away towards south by brandishing the dao. What is your
reply?
Ans: It is false.
Q, Do you have anlhing to say regarding the cvidcnce adduced by the complainant?
Ans: It was they who had charged at us.
Q. Would you cile evidence in defence?
Ans: I won't
R.T.l. of
Kulchan Begum \
(Signature of the acrused,)
Sd/- illegible
Sessions Judge
Barpeta
10.4.15
The abovc examinatlon was taken in my presence and hearing and conlains a fir.ll and
true account of the statement made by the accused.
R.T.l. of Kulchan Begum Sd/- iltegiblc
Sessions Judge
Barpeta
I 0.4. l5
Text of page 53
e)
Ext.2
Scss. Case No. 17212
Sd/- illcgiblc
Sessions Judge. Barpeta
Assam Schedule VIII, Form No. 93
High Cout Criminal Form No. (M) 83
Sarthebmi P.S. CNo. I24108
Statement recorded U/s 164 Cr. P.C
FORM FOR RECORDING DEBOSITION
Present : Sri Rajnesh Bora
Judicial Magistr-ate l'r Class
Baryeta.
THE DEPOSTTION OF WITNESS.
Aged about 20 years takcn in oath or solemn aflirmation under provisions of the Indian Oaths
Act X of 1978, before mc R. Bora this 1 9.09.08.
My name is R.abiya Khatun Wo Md. Kalam Khan, I am by caste Village - No.2
Balapara, My housc is at Mouza.............Police Station - Sarthcbari, District........l reside
at present in Mouza - .... .... Police Station.. .... . District- Barpeta where I am House
.
Wife.
On Oeth,
The incident took place around l l a.m. on l4m August (14-08-2008). I was beside the
tube-well near my house. The distance between the houses of Sikander and that of ours is
about ten cubits. Both the houses are close to each other.
At the time of thc incident, hearing a hue and cry, I looked at to the place of the
occurence and saw Abdul Haque's dead body lying in the courtyard of Sikander's house.
Sikander's son Arikul was holding AMul Haquc by his hands and prrssing down him against
the ground by putting a foot on his chest. Sikander's rvife kept AMul Haque's legs pressed
with her hands. I saw Sikander dealing three dao blows on Abdul Haque's hcad. After I
screamed, Sikander ran towards south taking the dao with him. AMul Haque was bteeding
profusely.
Text of page 54
€e
s. Rabia Khanam Ext. 2(l)
Sd/- illegible
Sessions Judge, Barpcta
Sd./ Ms. Rabia Khanam Ext. 2(ll)
Sd/- illegible
Sessions Judge, Barpela
Ext.2(lII)
Sess. Case No. 17212 R.O. & A.C.
Sd/- illegible Sd/- illegible
Sessions Judge, Barpeta 19.09.08
30.3. t 5
Text of page 55
til
:,/
Ext 3
Se ss. Case No. 1 72:/ l2
Sd/- illcgible
Sessions Judge, Barpeta
Inqucst Rcport
Ref: Sarthcbari Police Stotion Cosc No. 121/0E uh 302/i. IT c
Now it is around 3 or 4 p.m. and the date is l4-08-08. I, ASI Subodh Haloi Sarthebai
Police Station havc found the dead body of the deceased belonged to the below mentioned
address lying supinc at &e courtyard of lr{d. Sekendff Ali, iq Kawoimari, Block II u,ith the
head towards North and upon identification of the dead body by deccased person's son Ainal
Haque I do hereby start holding inquest on it right in presence of the undersigned witnesses.
The inquest goes as under:
The name of the deceased is Abdul Haque and his age is about 65 years. The dcad
body is found lying supine. Complexion is moderately dark. Hair is partly grey and thin. Eyes
are closed and the mouth is partll' open. Beard is pe.'tiy gey. .4 cut inju-ry caused with sharp
weapon is present in the back of the head. It is bleeding. Cut injury is seen in two places of
the right side ofthe neck. It is bleeding, Black mark is seen in the neck.. The hands are lying
stretched out alongside the body. The fist is slightly bent. The legs are lying straight. No
injury is seen in the mouth, belly and in the hands and legs. The body is soiled with eanh.
Now the body is examined by tuming it over and over again and ........... ,..
(lllegible) and a swelling is found in the back ofthe head. No bleeding injury is seen in the
back of the deceased. The nose is scen bleeding Nothing is seen in the privatc pafls.
As it is learnt at the time of the inques! the deceased died as a result of injury causcd
to him with sbarp weapon by accused. Yet, the dead body is being sent to Barpeta Civil
Hosprtal for Post-mortem examination so as to ascertain thg actual cause ofdeath.
Neme rad Addrcss of thc decersed:
Abdul Haque (65 ycars)
S/O Late Nazimuddin
Text of page 56
@
R/O Kawoimari Block II
P.S. Sarthebari
Dist: Barpeta (Assam)
Sfuoatuer of thc witncssct:
1. Sd/- Md. Ainal Haque (42 yea$)
S/O Abdul Haque
R"/O Kawoimari Block II
2. Sd/- Abdur Rahim (32 Years)
S/O Late Nur Muhammad, R/O Kawoimari Block I
3. Sd/- Md. Jinnat Ali (45 Years) Ext.3(l)
S/O Md. Abdul Barek Case No. I 72112
R/O Kawoimari Block II Sd/- illegible
P.S. Sarthebari, Dist-Barpeta Sess. Judge, Barpeta
Ext. 3(2) Yours faithftlly,
Case No- I 72112 Sd/- illegible
Sd/- illegible (Subodh Haloi) ASI
Scss. Judge, Barpeta Sanhebari P.S.
*ajrf rs Camp - 2 No Kawaimari Block
14.8.08
Received
Sd/- illegible
15.08.08
Text of page 57
€9
Ext.4
Sd/- illegible
Sessions Judge, Barpeta
Assam Schedule XLIII (Part-l), Form No. 24
POSTMO RTEMREPORT
Reg. No. : PM/BCIVSUNO/I78 Dt. 15.8.08
Ref :- Sarthebari P.S. CaseNo. 124/0EU/s3O2l34IPC
BCTVSUNO/08/27 5 DT . I / 1 0 108
Station - Barpeta Civil I Iospital
Day of- 15.8.08
Name, sex, age and caste :- Abdul IIaque, Male 56 ycars,
Muslim
Whence brought Village and Thana :- S/o l,ate Kazimuddin
Village- Kawaimari 2 No. Block
P.S.- Sarthebari, Barpeta
Name of constable by whom brought and UBC/413 Rabin Sarma
names of relatives accompanying :- Aynal Haque 42 years
Abdur Rahim
NATE AND HOUBOF
Despatch :-
Arrival at dead house :- 15.8.08 at 10-t5 A.M.
Examination :- 15.8.08 at 10-50 A.M.
Information fumished by police :- As psr inquest report
Dead body challan
By whom identified beforc Medical :- UBC/413 Rabin Sarma
Officer.
Text of page 58
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N.B. - Obscrvc the state of al the organs and when no disease injury is fund write
"Healthy"
I- EXTERNAL APPEARANCE
l. Condition of subject stout emaciated, An average built person. Dark
decomposed, etc. :- complexion, eyes are opened panially.
Body is stained with mud. Rigor mortis
prcsent.
2. Wounds- position, and character :- l. Lacerated wound at the right side of
scalp size - 6" x 3" x 2".
2. Depressed fracture of the right parietal
bone, sizc
3. t arge hamatoma and laceration prcsent
in the right cerebral cortex with midline
shifting with tentonal haniation. Size 6" x
5" x 5".
4. Lacerated wound over the left sidc of
chest 5'' x 4" x 3".
5. l,acerated wound right side of 3" x 2" x
t".
3. Bruise -position, size and naturc :- NiI
4. Mark ofligaturc on neck drssection, :- Nil
etc.
Text of page 59
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II. -.CRANIUM AFID SPINAL CANAI
l. Scalp skull, vertebrae :- Scalp - lacerated wound at the right side
of scalp size - 6" x 3" x 2".
Skull - Dcpresscd fracture of the right
parietal bonc size 5" x 2" x 2'.
2. Membrane :- Healthv
3. Brain and spinal cord :- Brain : large hematoma aad laceration
present in the right cerebral coftex with
haniaticn
midllne shifting and tentonal
A
Size-5"x4-x3"
NOTE :- The spinal canal nced not be examined unless any indication of
disease or injury exist.
III_THORAX
1 Walls ribs and cartilages :- Healthy
2. Pleurae :- Healthy
3. I-aryax and trachere :- Healthy
Right llng i Healthy
l,eft lung :- Healthy
Pericardium :- Healthy
Hean :- I Iealthy -
Right hcart is tull with clotted blood.
l.eft heart chamber is empty.
Vessels :- Healthy
IV.- ABDOMEN
L Walls :- Healthy
2- Peritonoum :- Healthy
3. Mouth, pharynx, oesophagus :- Healthy
Text of page 60
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4. Stomach and rts contents :- Stomach is contains undigested food
materials.
L
5. Small intcstine and its contents :- Contarns lecal matter and gases
L
6. Large intestine and its contents :- Contains fecal matter and sases
7. Liver :- Healthy
8. Spleen :- Healthy
9. Kidneys :- Healthy
10. Bladder :- Healthy, empty
1 I . Organs of generatiorq extema" :- Hea.lthy, intact
and intemal.
V. MUSCLES. BONES AND JOIMS
1. Injury :- Mentroned below
2. Disease or deformity :- Absent
3. ffacture :- Mentioned below
5. Dislocation :- Absent
MORE DETAILED DESCRIFTION OF INJTIRY OR DISEASE
ASSISTANT SURGEON
oPINION OF--------------AS TO CAUSE OF IIEATH
SUB-ASSISTANT SURGEON
Death was due to coma resuhing from head injury as described. AII the injuries
arc ante-mortem caused by blunt force impact.
Text of page 61
e
Ext. a(l) Sd/- illegible
Sd/- illegible (Dr. Moynul Haque)
Sessions Judge, Barpeta M&H.O-I
Barpea Civil Hospital
The I 56 day of Aug, 2008
R MARXS BYCIVITSURGEON
N o - zor DL 2l.to.o8
I agree.
Ext.4(2) Sd/- illegible
Sd/- illegible Jt Director of Health Services
Sessions Judge, Barpeta Dist Barpeta
2l .10.08
Seal
Sarrhebari Policc Station Sd/- illegible
Barpeta Assam Addl. Supdt. of Police, H.Q.
R/24 Pt tvi08 Barpeta, Assam
27/t0108
UO ASI S.C. Haloi to please ake n/a
Sd/- illegible
Offrcer-in-Charge
Sarthebari Police Station
Dist. Barpcta, Assarn
27.10.08
Text of page 62
Ext. 5
CalrNo. 172/12
Sd/- illegible
Sessions Judge, Barpeta
23.9.14
Scizure Lisr
M. R. No.47108
Ref: ,\ntthph ari P. .l Cnco Nn t 24./ftft r/c 3 n)/u IPc
Now, i ASI Subo<ih Haloi, Sarthebari Policr Station, Dist: Barpeta (Assam)
have arrived at No. 2 Kawoimari Village and upon finding tbe following articles lying
Dear the dead body of AMul Haque, I have seized those right in presence of the
witnesses to the following effect and obtained the signatues ofthe witnesses and then
put my signature below theirs.
Dcscriotion of the seized articles
1.A Plastic rope stained with blood. It is about 5 % feet long
2. One ..... (unintetligible) 'gamosa' stained witlr blood.
Sioratures of the witnesses:
l. Sd/ Ainal Haque Ext. 5(l )
S/O Late AMul Haque Case No. 172112
No 2. Kawoimari, P.S. Sarthebari Sd/- illegible
Dist: Barpeta Sess. Judge, Barpeta
2. Sd/- AMur Rahim 23-9.t4
S/O Late Nur Muhammad Ali
R/O No.2 Kawoimari, P.S. Sarthebari
Dist: Barpeta (Assam.)
Text of page 63
(m
\) /
Ext.5(2) Sd/- S. Haloi, A.S.I.
Case No. 17712 Camp-2No.Kawaimari
Sd/- illegible P.S. - STB
Sessions Judge, Barpeta dt. t4. t0.0E
22,t.15
Text of page 64
69
CHARGE SHEET
Ext. 6
Case No. 172l12
Sd/- illegible
Scssions Judgc, Barpeta
22.1.t5
Assem Schedule - XL-A (Part I ), Form No. 148
District Barpcta Charge Shcct No. 99108 Dated 30. 10.08
Police Strtion : Senhebari In First lnformetion No. t24t0E Dared 14.8.08
Nrmc. eddrcss & Occuortion of COMPLAINAIIT :-
(l)
Md. Aynal Haquc S/o t ate Abdul Haquc, Vill.- 2 No. Kawaiman, P.S.- Sarthebari, District . Barpcta,
Assam.
2. Nrmc & eddrcrs of eccus.d lEl:sons nol sctrt up for triel whether errcstcd or not rrreted
includlng rbocoudcrs, (show ebsconden in rcd ink)
(2)
Nit
Nrmc & rddrtss of rccuccd Denotrr scnt uD for trirl
ln custody
(3)
1. Md. Sekandcr Ali S/o Latc Abdul Halim
2. Md Ankul Ali S/o Md. Sekander Ali
3. Miss Kulchan Bcgum W/o Md. Sekandar Ali
All are Vill - 2 No. Kawaimari Bloclq P S Sanhebari, District - Baryel4 Assam
On bail or recognizaace :-
Text of page 65
(4) @
Proocrtv (includins rvcflDoE!) found with Dr uhrs ofrhcthcr. whcn end bv whom found nd
whctlcr fovrrdcd to Mpistnlc.
(5)
M.R. No. 47l0E
(6)
NrEc atrd Addrcsscs of witn6s6 tnd wh rt Doint fu callcd to Drovc
l. Md. Aynal Haquc S/o larc Abdul Haque
2. Md. Jinnra Ali S/o Md Abdul Bank
3. Miss Rubrs Khaun Wo Md. Abdul Kalem
4. Md. Abdul Kalam Sio Md. Atab Khan
5 Miss Ramisha Begum W/o Md Arfan Ali
All arc Vill - 2 No Kawaiman, P.S. - STB,
6 Md. Abdul Rahrm S/o Late Nurmahmad, Vill - I No. Kawaimari, P.S. STB, Dist.-
Barpsta
7 Dr. M Haquc Barpcte Civrl Hospital
8 A.S.l. Subodh Haloi, Sarthebari P.S
Chersc or informrtiou. Nrturc of oficnct rnd cirtumstrnctr contrcctcd with if so co nsirc drteil
rnd undor rhet scction of thc Pond Codc cherscd.
(7)
The charge in brief is that complainant Ainal Haque, the son of t^ate Abdul Haque and
rcsident of No2. Kawoimari under Sarthebari Police Station in the district of Barpeta have
apeared in this police station Bnd informed the P.S. by lodging an ejahar that around I I a-m.
on lzl-OE-...when his father AMul Haque went to op€n the dam erected for blocking water in
a nullah, accused Sekendar Ali, in collusion with Md. Arikul Ali and Ms Kulchan Begum,
picked up aD altercarion with him; that following that, they brought AMul Haque to their
Text of page 66
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by lifting and cut him in his head with sharp weapon and dao and that he died ar the
of the occurrence itself. To that effect, a case rrras registered and investigation was done
thc matter. After the inquest was held, the dead body wss sent to Barpeta Crvil Hospital
for post mortem examination.
During investigation, the place of the occuEence was visited and the witnesses werc
examined. As per the evidence and post mortem examination report, the casc has been found
well<stablished against l. Md. Sekender Ali, S/O Md. Abdul Halim; 2. Md. Arikul A-ti, the
son of Md. Sekender Ali and 3. Ms. Kulchan Begum, WO Md. Sekendar AIi, all are
residents of No.2 Kawoimari Bloch P.S. Sarthebari, Dist Barpeta (Assam). for committing an
offence u/s 3021f4 IPC. Accordingly, I have submiued the charge sheet against the said
accused to the hon'ble court for the trial. The accused have been sent to the jail ha"pt.
The witnesses mentioned in column 6 will substantiate the case. A P.M. Examination
report and a seizurc list are fumished hercwith the charge sheet.
Ext.6 (l) Yours faithfrlly,
Sd/- illegible Sd/ Shri Subodh Haloi, ASI
Sessions Judge, Barpeta Sarthebari Police Station
22.t.15 30- r 0-08
Forwarded to the C.J.M. Barpet4 through the P.S.I. Barpeta Court, one copy of P.M.
repo4 one copy of seizure list, and one copy of sketch map enclosed.
Sd/- illegible
Officer-in-Charge
Sarthebari Police Station
Dist Barpeta
01.11.08
Text of page 68
. The P.O. i.e. the courtyard of Sekender Ali
@
2. To the North: the school and the paddy field
3. To the South: The paddy field
4. To the East: Atar Khan's house
5. To the West: Paddy field and pond
Ext.7(l) Sd/- Subodh Haloi. A.S.I.
Sdi- illeg,ible STB, P.S.
Sessions Judge, Barpe ta 14.8.08
2A$s
Text of page 69
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Ext 8
Casc No. 1 7712
Sd/- illegible
Sessions Judge. Barpcta
30.3. r s
Assam Schedule VIII, Form No. 93
High Court Criminal Form No. (M) 83
Sarthcbari P.S . C/No. 124108
Statcment re corded U/s 164 C r P.C.
FORM FOR RECORDING DEPOSITION
Present : Sri Rajnesh Bora
Judicial Magistrate ls Class
Barpeta.
THE DEPOSITION OF WTT'IYESS.
Aged about 35 years taken in oath or solernn allurnation under provisions of the Indian Oaths
Act X of 1t78, before me R. Bora, this l9 09.08.
My name is Rarnisha Begum Wio Md Arfan Khaq I am by caste Village - No. 2
Balopar4 My house is at Mouza.............Policc Station - Sarthebari, District... -...1 reside
atpresentinMorrre-.........PoliceStation.........District-Barpeta,wherelamHouse
Wife.
Or Orth.
The incident took place about one month before. It was Thursday. I do not remember
the date. The timc was around I I a-m. I was going to the road to provide food to my cattle. At
that time, I saw an alt rcation going on near Sikander's house. On one side, there was
Sikander and Sikarder's son Arikul and Sikander's wife. On the other, there was AMu.l
Haque. I was watching the incident from a distance of one or one and half bighas of tand.
Then I saw Sikander dea.ling a cut blow on AMul Haque's head with an iron object when
AMul Haque fell down. Thereaffer, Sikander, hrs son and wife took Abdul Haque to
Sikander's courtyard by lifting. AMul Haque was bleeding. When my father HaseD Ali and I
Text of page 70
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a hue and cry Sikander c^me chasing us taking a dao in hand. Out of fear, we fled
tbe place.
Ext. 8 (l) RO. & A.C.
Case No. 17712 Sd/- illegible
Sd/- illegible
19.09.08
Sessions Judge, Barpeta
30.3. l5
RTI of Rarnisha Begum
0'r
9/- ltl.niLt.-
9. ag.og
Text of page 71
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Ext. 9
Case No. 172l l2
Sd/- illegible
Sessions Judge, Barpeta
30-3.15
Assam Schedule VIII, Form No. 93
High Court Criminal Form No. (M) 83
arthebari P.S. C/I,{o.
Staternent reconded U/s 164 Cr. P.C.
[.ORM F'OR RECORDING DEPOSITION
Pres€nt : Sri Rajnesh Bora
Judicial Magistrate lr Class
Barpeta.
TI{E DEPOSITION OF WITNESS.
Aged about 28 yean taken in oath or solemn affrrmation under provisions ofthe Indian Oaths
Act X of 1878, beforc me R. Borq this I 9.09.08.
My name is Abul Kalam, My father's name is Altaf Khan, I am by caste Village - No.
2 Block, Kawaimari Reserve, Balapara. My house is at Mouza.............Police Station -
Sarthebari, District........l reside at present in Mo,z" Police Station-
District- Barpet4 where I aro Farmer.
OB Orth.
The rncident took place around 1l or I l-30 a.m. on l4-08-2008
I was at my home. Hearing a hue and cry, I came to the outside and found that having
lain AMul Haque on the ground of Sikander Ali's house Arikul and Sikander's wife kept
pressed him down against the ground and Sikander was dealing dao blows to Abdul Haque.
He dcalt two dao blows right in front of me.
I raised a hue and cry. People tumed up and Sikander ftm arlay towards south
brandishing his dao.
Text of page 72
r.9 (r) Sd/- Abul Kalam
'Casc
No. l7Zl2
Sd/- illegible
Sessions Judge, Barpeta
30.3.15
Ext. 9 (ll) Sd/- Abul Kalam
Case No. I72112
Sd/- illegible
Sessions Judgc, Barpcta
30.3.15
Ext.9 0D R.O. & A.C.
Casc No. l72ll12 Sd/- illegible
Sd/- itlegible 19.09.08
Sessions Judge, Barpeta
30.3. l5Official key not published for this paper.
Page 1 of 72
Source: Gauhati High Court. Question paper published by Gauhati High Court.