SUFIAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by the High Court of Assam at Guwahati in Criminal Appeal No. 67 of 2002, dated 20.10.2009. By the impugned judgment and order the High Court has partly allowed the appeal of the respondent-State herein and has convicted and sentenced the appellant-herein for the offences punishable under Sections 325 and 447 of the Indian Penal Code, 1860 (for short, "the IPC").

(2.) The brief facts of the prosecution case are that on 20.02.1996 at about 8:00 p.m. an altercation took place between the informant's son and the accused persons. Thereafter the fourteen accused persons including the appellant-herein trespassed into the informant's house armed with weapons including dao and lathi and assaulted her family causing grievous injuries. The appellant assaulted PW-2 with the blunt side of a dao and caused fractures on the left side ribs. Thereafter, when the injured persons were taken to the hospital for treatment, the accused persons set fire to the house of the informant causing damage to the extent of Rs. 25,000/-. A First Information Report was registered on the basis of the written complaint lodged by the informant.

(3.) After the completion of the investigation, charge-sheet was filed against the accused persons for the offences punishable under Sections 147, 447, 323, 325 and 436 of the IPC. Since the case was triable exclusively by the Sessions Court, the case was committed to the Court of Sessions Judge, Morigaon. Thereafter, the accused persons appeared before the Sessions Judge and after both sides were heard, charges were framed. The charges were read over and explained to the accused persons who pleaded not guilty. Accordingly, the case was committed to Trial.