ABDUL SUFAN LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) DELAY condoned. Leave granted.

(2.) THE present appeal is filed against an order of conviction and sentence recorded by the Chief Judicial Magistrate, Hailakandi on september 21, 2002, confirmed by the Sessions judge, Hailakandi on May 26, 2003 and also confirmed by the High Court of Assam on July 31, 2007.

(3.) THE learned Chief Judicial Magistrate, hailakandi vide his judgment and order dated september 21, 2002, held the case against accused proved for offences punishable under sections 147 and 324, IPC. On sentence, however, the learned Magistrate noted that accused Islam Uddin (accused No. 5), Sahab Uddin (accused No. 6), Aftab Uddin (accused No. 3) and fakar Uddin (accused No. 2) were young. He, therefore, thought it fit to grant benefit of releasing them on admonition since they did not appear to have committed any offence in past nor they were involved in any offence. The learned Judicial Magistrate, however, convicted abdul Subhan (accused No. 1), Abdul Wahid (accused No. 7), Abdul Kuddus (accused No. 8) and muslim Uddin (accused No. 4) for offences punishable under Sections 147 and 324, IPC. For an offence punishable under Section 147, IPC, the learned Magistrate ordered the abovestated accused to undergo simple imprisonment for one month and a fine of Rs. 100 each, in default, simple imprisonment for five days. For the offence punishable under Section 324, IPC, he ordered them to undergo simple imprisonment for two months and a fine of Rs. 200/- each, in default, simple imprisonment for ten days. The sentences were ordered to run concurrently.