Crl.A(J) 165/2004 - Gauhati High Court

against the accused persons by deposing that accused Abu
Sama was earlier convicted in an assault case upon the
deceased.
14. In the cross-examination PW 4 has deposed that he had
come to Chapor market on the previous day but PW 5 came to
the market on the same day. The witness has further clarified
that he met PW 5 in the market in the afternoon and both of
them had accompanied the deceased to his grocery shop. The
witness has been cross-examined to ascertain whether he could
see the assailants. The witness has stated that the deceased was
going ahead and the distance in between them was that of only
5 cubits. The witness has admitted that when some of the
assailants obstructed him he retreated up to a distance of 15
cubits. The witness was further cross-examined that he did not
give a graphic statement before the Investigating Officer as to
from which direction which accused came and which accused
inflicted what injury.
15. PW 5 Jahar Ali is the prime witness of the prosecution. He
is the brother-in-law of the deceased inasmuch as his sister was
married to deceased’s brother. He is also the eye witness of the
offence of murder. His testimony is by and large the same,
which has been narrated by PW 4. Before going to the house of
the deceased he met PW 4 and the deceased in a tea stall and
thereafter all the three were going to the house of the deceased
to purchase kerosene oil since the deceased was running a fair
price shop. According to PW 5, the deceased was few steps
ahead of them and the deceased was also pulling a bicycle.
Suddenly, all the five respondents appeared at the scene from
Criminal Appeal No.165(J)/04 Page 9 of 9