BASANTA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. TJ Mahanta, learned senior counsel for the appellants and Mr. H.K. Sarma, learned Addl. Public Prosecutor for the respondent.

(2.) This appeal is directed against the judgment and order passed by learned Addl. Sessions Judge, Lakhimpur in Sessions Case No. 27(NL)/2009, whereby the learned Sessions Judge convicted the appellant under Sections 147/448/326 IPC read with Sections 149/366/511 IPC and sentenced him to imprisonment for 2 (two) years and to pay fine of Rs. 4,000/- (Rupees four thousand) each with default stipulation u/s 326 IPC and further imprisonment for 6 (six) months with fine of Rs. 1,000/- (Rupees one thousand) each with default stipulation u/s 366/511 IPC. The appellants were also sentenced to pay fine of Rs. 500/- (Rupees five hundred) each under Sections 147/448 IPC with default stipulation.

(3.) As per prosecution case, on 10.01.2009 at about 6.30 in the evening, six accused persons named in the FIR trespassed into the house of the informant by covering their faces with clothes and attempted to kidnap the daughter of the informant. When the inmates of the house resisted them, accused Basanta Hazarika inflicted injury to the husband of the informant. It was also stated that the accused Nikhani Bania assaulted the informant and the other accused persons assaulted all the members of the informant's family and attempted to abduct her daughter Lakhimai Bora. PW-1, Sri Tejamai Bora lodged an FIR, on the basis of which, police registered Bihpuria P.S. Case No. 9/09 u/s 147/148/149/448/366/511/326/325/34 IPC and on conclusion of the investigation submitted charge-sheet against the present appellants, who eventually stood trial.