LAWS(GAU)-2012-5-3

MD. ABDUL HANNAN Vs. STATE OF ASSAM

Decided On May 04, 2012
MD. ABDUL HANNAN Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) (C.R. SARMA J) This appeal is directed against the judgment and order, dated 16/12/2006, passed by the learned Additional Sessions Judge (FTC), Karimganj, in Sessions Case No. 105/2004. By the impugned judgment and order, the learned Sessions Judge, held the appellant guilty of the offences under sections 326/307/34 of the Indian Penal Code (hereinafter referred to as the "IPC") and section 27 of the Arms Act and sentenced him to suffer rigorous imprisonment for life for his conviction under section 307 IPC, undergo rigorous imprisonment for 10 years and pay a fine of Rs. 2000/- in default suffer simple imprisonment for further period of one year for his conviction under section 326 IPC and suffer rigorous imprisonment for seven years and pay a fine of Rs. 2,000/-, in default suffer simple imprisonment for another period of one year for his conviction under section 27 of the Arms Act.Aggrieved by the said conviction and sentence, the convict, as appellant, has come up with this appeal.

(2.) WE have heard Mr. F. H. Laskar, learned Counsel appearing for the appellant and Mr. K.A. Mazumdar, Learned Additional Public Prosecutor, for the State of Assam.

(3.) IN order to prove their case, prosecution examined, as many as, ten witnesses, including the Medical Officers (PW5 and PW6) who examined the injured person and the INvestigating Police Officers (PW9 and PW10). At the close of the evidence for the prosecution, the accused person was examined under section 313 Cr.P.C. He denied the allegations, brought against him and declined to adduce defence evidence.