RAIZUDDIN AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A.Choudhury, learned senior counsel assisted by Mr. A. Ahmed, learned counsel appearing for the appellants in Crl. Appeal No.300/2017. We have also heard Mr. B. M. Choudhury, learned counsel appearing for the appellants in Crl. Appeal No.318/2017. Mr. M. Phukan, learned Additional Public Prosecutor, Assam, is present on behalf of the State in both the appeals. None has appeared for the informant.

(2.) The aforementioned appeals arise out of the judgment and order dated 16.06.2017 passed by the Court of learned Sessions Judge, Goalpara in connection with Sessions Case No.223/2012. There were 16 charge-sheeted accused persons out of which, one accused viz., Md. Abdus Sattar Ahmed died. The remaining 15 accused persons had faced trial. By the judgment and order dated 16.06.2017 passed by the learned Sessions Judge, Goalpara, the 10 appellants in Criminal Appeal No.300/2017 and the 2 appellants in Criminal Appeal No.318/2017 had been convicted under Sections 147/341/323/307/302 read with Section 149 of the Indian Penal Code. Accordingly, the learned Sessions Judge, Goalpara had sentenced the accused persons, viz., Yousuf , Raijuddin @ Raju, Saizuddin, Sher Ali, Amir Ali, Sattar Ali, Abdus Salam, Abdul Hai @ Dillar, Taher Ali @ Guddu, Mirazul, Sadek Ali & Sayed to suffer simple imprisonment for six months for the offence under Section 147 of IPC; to suffer simple imprisonment for one month for the offence under Section 341 of IPC; to suffer simple imprisonment for six months for the offence under Section 323 of IPC; to suffer rigorous imprisonment for life and to pay a fine of Rs.5000/- each and in default, to suffer simple imprisonment for a year for the offence under Section 302 of IPC and also to suffer rigorous imprisonment for three years and to pay a fine of Rs.3000/- each and in default, to suffer simple imprisonment for six months for the offence under Section 307 of IPC. All the sentences were to run concurrently. The accused persons were acquitted in respect of the charge under Section 326 of IPC.

(3.) The other three accused persons viz., Ramjan Ali, Lalchand Ali and Gole Rahman were, however, honourably acquitted from all the charges on the ground that the prosecution had failed to implicate them with the offences alleged.