LAWS(GAU)-1990-11-2

KUTU MIA Vs. STATE OF ASSAM

Decided On November 29, 1990
KUTU MIA Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) According to First Information Report, Ext. I on 16/08/1981 at about 2.00 a.m. (night) seven accused persons named in the F.I.R. formed an unlawful assembly being armed with deadly weapons and trespassed into the house of Md. Alimuddin, the informant, P.W. 2 and abducted his sister, Mustt. Ayarun Bibi, P.W. 9, who was at that time 16/ 17 years old.

(2.) Thereafter she was taken to the jungle along the path on the western side of the house of the informant. The informant was also assaulted by the accused persons and he got injuries on his person and his brother, after being assaulted, was kept confined. On hearing their hue and cry the neighbouring witnesses came running to the place of occurrence.

(3.) The learned trial Court framed charges under Sections 366/376, I.P.C. against the three accused-appellants, namely Kutu Mia, Surman Ali and Kala Mia.