ROJALI ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Being aggrieved by their conviction and the sentence consequent thereupon, the appellants seek the annulment of the judgment and order dated 29.04.2006 passed by the learned Addl. Sessions Judge (Adhoc), Barpeta in Sessions Case No. 68/2001.

(2.) We have heard Mr. J.M. Choudhury, Senior Advocate assisted by Mr. B.M. Choudhury, Advocate for the appellants and Mr. K.A. Mazumdar, learned Public Prosecutor, Assam for the State.

(3.) The prosecution case is traceable to a FIR dated 9.11.95 lodged by one Md. Hanif Uddin with the Officer-in-Charge, Patacharkuchi Police Station informing inter alia that at about 6 A.M. on that day, 26 persons including the present appellants armed with deadly weapons like spear, arrow etc., surrounded the houses of Md. Aziz Ali, Md. Kutub Ali and Md. Mahmud Ali and assaulted them by breaking open their house and bringing them out therefrom. The FIR disclosed that following the assault, not only these 3 succumbed to their injuries, others including Md. Atar Ali were also injured for which he had to be admitted in the hospital.