NUR MUHAMMAD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.H. Choudhury, learned Counsel appearing for the appellants. Also heard Mr. B.B. Gogoi, learned Additional Public Prosecutor, Assam.

(2.) This appeal has been preferred against the judgment and order dated 9.12.2002 passed by the learned Sessions Judge, Darrangg, Mongaldoi in Sessions Case No. 112 (D.M.) 2001 convicting the appellants under section 447, I.P.C. to suffer R.I. for 3 month and also to suffer R.I. for 6 months each under section 506/34, I.P.C. and further to suffer R.I. for 4 years each and a fine of Rs. 5,000/- each in default further R.I. for months each under section 307/34. I.P.C.

(3.) Briefly stated the prosecution case is that in the month of December family members of Samser Ali of village No. 2 Kopati gram under P.S. Dalaon in the District of Darrang, Assam were sleeping in their house. At about 8 p.m. the informant heard hulla of accused Mannaf and Nur Mohammad at his courtyard. They were challenging and asking the inmates of the house to come out. While Samser Ali with his wife came out the accused persons threatened them and fired at Samser Ali from a pistol but somehow he managed to save himself. They made hullah and then the accused persons went away. Samser Ali lodged the F.I.R. and a crime was registered as Dalgaon P.S. Case No. 267/2000. On completion of the investigation the police submitted charge-sheet against the accused-appellants. The case was committed to Court of Sessions Judge as the offence is exclusively triable by the Court of Sessions. Charges under sections 447/506/307 and 34, I.P.C. were framed against the accused-appellants. On being explained they pleaded not guilty and claimed trial.