Gauhati High Court
Faizul Haque @ Dali vs The State Of Assam And 4 Ors on 27 September, 2021
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GAHC010153892021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Rev.P./212/2021
FAIZUL HAQUE @ DALI
SON OF LATE BIRAHU ALI
R/O HAJO MAKHONIA
UNDER HAJO POLICE STATION,
IN THE DISTRICT OF KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE PP, ASSAM
2:ABDUL JALIL @ JALIL ALI
SON OF LATE BAHARAM ALI
R/O MOKHONIA UNDER HAJO POLICE STATION
KAMRUP (R)
ASSAM
3:KHABIRUDDIN AHMED
SON OF SRI TAIZUDDIN AHMED
R/O MOKHONIA UNDER HAJO POLICE STATION
KAMRUP (R)
ASSAM.
4:EUSUFUDDIN AHMED @ EUSUF ALI
S/O DHANSA TALUKDAR
R/O MOKHONIA UNDER HAJO POLICE STATION
KAMRUP (R)
ASSAM
5:RUBUL ALI AHMED @ PIRJAHAN
S/O MAHRUM ALI AHMED
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R/O MOKHONIA UNDER HAJO POLICE STATION
KAMRUP (R)
ASSA
Advocate for the Petitioner : MR. A M BORA
Advocate for the Respondent : PP, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 27.09.2021
Heard Mr. A. M. Bora, learned Senior Advocate assisted by Mr.
J. Borah, learned counsel the petitioner. Also heard Mr. D. Das,
learned Additional Public Prosecutor appears for State of
Assam.
This revision petition has been filed by the petitioner, Faizul
Haque @ Dali questioning the order dated 03.09.2021 passed
by the learned Additional Sessions Judge, Amingaon, Assam in
Sessions Case No.14/2021 whereby charge against the
petitioner and 4 others have been framed under Sections
120(B)/302/269 of Indian Penal Code.
The learned Senior Counsel submits that on perusal of the
statements of the witnesses, the facts which are evident
before the Court are that pursuant to the accident, which
occurred on the date of occurrence the petitioner assaulted
the deceased pursuant to which the deceased fell down on the
road and sustained injuries on his head. The deceased was
subsequently admitted to the hospital for treatment and he
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expired thereafter. The learned counsel for the petitioner refers
to the evidences as well as the Post Mortem Report to submit
that no ingredient of Section 302 IPC is evident from the
materials before the learned Sessions Court. Therefore, the
question of framing charge in so far as the Section 302 of IPC
is completely opposed to the provisions of law.
The learned counsel for the petitioner submits that if the
ingredients of the concerned section is not available then the
petitioners are not required to face the trial. Therefore,
framing of the charge by the Sessions Court in Sessions Case
No. 14/2021 vide order dated 03.09.2021 is bad in law and the
same is therefore needs to be set aside and quashed.
Mr. D. Das, learned Additional Public Prosecutor submits that in
terms of the provisions of law the sections can always be
altered prior to pronouncement of the Judgment. The matter is
at the initial stage of trial. Therefore at this no interference is
called for. However, he submits that at this stage notice may
be issued. The Learned Additional Public Prosecutor submits
that from the evidence it is apparent that it is a homicidal
death. Therefore, he objects to grant of any interim relief at
this stage.
Upon hearing the learned counsel for the parties let notice be
issued Returnable within 4 (four) weeks.
In view of the prima facie case being made out by the learned
Senior Counsel for the petitioner let the proceedings in so far
as the petitioner is concerned in respect of the Sessions Case
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No. 14/2021 pending before the Additional Sessions Judge,
Kamrup, Amingaon be stayed till the next Returnable date.
Let the matter be listed again on 29.10.2021.
Since Mr. D. Das, learned Additional Public Prosecutor has
entered appearance on behalf of the State no formal Notice
needs to be issued, however, extra copies be sent to them
within one week from today.
The steps on the respondents no.2 to 5 be taken by usual
course and by Registered Post with A/D within a period of one
week from today at this stage.
JUDGE
Comparing Assistant
