AJIJUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J Sarma, learned counsel for the appellant and Mr. BB Gogoi, learned Addl. Public Prosecutor, appearing for the State/respondent No.1.

(2.) This appeal under Section 374(2) of the Cr.P.C. is preferred against the Judgment and Order, dated 17.12.2014, passed by the learned Sessions Judge, Morigaon in Sessions CaseNo. 01/2012, whereby the accused appellant has been convicted and sentenced to rigorous imprisonment for a period of 10 years and to pay a fine of Rs.10,000/- (Rupees Ten Thousand), in default to undergo rigorous imprisonment for 6(six) months under each countof law, i.e. under Sections 326/307 of the IPC.

(3.) The prosecution case, in brief, is that one Izzat Ali filed an FIR before the Officer-In-Charge of Morigaon Police Station on 20.6.2011, alleging, inter alia, that the accused persons including the accused appellant, named therein, wrongfully restra-ined his son MukulAnsari on the public way near the house of one Ahmed Master while he was coming alongwith one Nazimuddin, after taking his wage of Rs.4000/-. They rounded off Mukul Ansari andwhen he made an attempt to escape, the accused appellant Ajijul Hoque inflicted daggerblows in his abdomen, which resulted in his intestines protruding and he fell on the groundand thereafter, the accused appellant took away Rs.4000/- from him. On hearing hue and cry,the local residents gathered at the place and there upon, the accused persons fled away. Theinjured was, thereafter, shifted to Morigaon Civil Hospital, where his condition was found tobe critical.