AMIRUL ISLAM CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By judgment and order, dated 22.05.2002, passed, in CR Case No. 1428/89, by the learned Chief Judicial Magistrate, Karimganj, all the accused-petitioners were convicted under Sections 323 and 506 read with Section 34 IPC, except accusedpetitioner No. 1, namely, Md. Amirul Islam Choudhury, who, apart from being convicted under Sections 323 and 506 read with Section 34 IPC, was also convicted under Section 409 IPC and all the accused-petitioners were, for their conviction under Section 323 read with Section 34 IPC, sentenced to suffer rigorous imprisonment for a period of 1 (one) year each and also to pay, for their conviction under Section 506 read with Section 34 IPC, fine of Rs. 1,000/- each. Besides the sentences aforementioned, accusedpetitioner No. 1, namely, Md. Amirul Islam Choudhury, was also convicted under Section 409 IPC and he was sentenced to suffer, for his conviction under Section 409 IPC, rigorous imprisonment for 4 (four) years with fine of Rs. 5,000/- and, in default of payment of fine, suffer rigorous imprisonment for a period of 60 (sixty) days.

(2.) Aggrieved by his conviction and the sentence, passed against him, while the accused-petitioner No. 1, namely, Md. Amirul Islam Choudhury, preferred an appeal, which gave rise to Criminal Appeal 10(2)/2002, another appeal was preferred by the remaining convicted persons, who are accused Nos. 2,3 and 4 herein, and this appeal gave rise to Criminal Appeal No. 16(2)/2002.

(3.) Both the appeals were disposed of together by a common judgment and order, dated 05.05.2004, passed by the learned Sessions Judge, Karimganj, whereby, while the conviction of all the accused-petitioners, under Section 506 read with Section 34 IPC, was set aside and they were all acquitted of the same, accusedpetitioner Nos. 2, 3 and 4 aforementioned were sentenced, for their conviction under Section 323 IPC read with Section 34 IPC, to pay fine of Rs. 1,000/- each and, in default of payment of fine, suffer rigorous imprisonment for a period of 30 (thirty) days; but the conviction of the accused-petitioner No. 1, namely, Amirul Islam Choudhury, under section 409 IPC and the sentence, passed against him, were maintained. Still feeling aggrieved, all the accused-persons put to challenge, with the help of this revision, the findings of guilt, arrived at against them, their conviction and the sentences passed against them.