MD ABDUL SAHID LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Learned Additional Sessions Judge (FTC), Cachar, Silchar by judgment dated 31.08.2015 passed in Sessions Case No. 21/2010, arising out of Katigorah Police Station Case No. 491/2008, corresponding to GR case No. 3462/2008, convicted the appellants/accused persons under Sections 148/447/302/323 IPC read with Section 149 IPC for committing the crime, forming an unlawful assembly, armed with deadly weapons, prosecuted the common object, criminally trespassed into the homestead boundary of Abdul Monaf so as to commit the offence and killed said Abdul Monaf by assaulting him on his head, a vital part of the body and also voluntarily caused hurt on the person of one Rustom Ali, son of said Abdul Monaf.

(2.) Said Additional Sessions Judge (FTC), Cachar, Silchar by order dated 04.09.2015 passed in Sessions Case No. 21/2010, sentenced the accused appellant No. 1, considering his old age (i) to undergo simple imprisonment for life with fine of Rs. 5,000/- under Sections 302/149 IPC, in default of payment of fine, simple imprisonment for one year; (ii) to undergo simple imprisonment for six months under Sections 148/149 IPC; (iii) to pay fine of Rs. 500/- under Sections 447/149 IPC and (iv) to pay fine of Rs. 500/- under Sections 323/149 IPC.

(3.) By the said order dated 04.09.2015, passed in Sessions Case No. 21/2010 learned Additional Sessions Judge (FTC), Cachar, Silchar sentenced the accused appellant Nos. 2 to 5 - (i) to undergo rigorous imprisonment for life with fine of Rs. 5,000/- each under Section 302/149 IPC, in default of payment of fine, rigorous imprisonment for one year each; (ii) to undergo simple imprisonment for six months each under Sections 148/149 IPC; (iii) to pay a fine of Rs. 500/- each under Section 447/149 IPC, in default of payment of fine, simple imprisonment for one month each and (iv) to pay a fine of Rs. 500/- each under Section 323/149 IPC, in default of payment of fine, simple imprisonment for one month each.