AMIR UDDIN BARBHUYAN Vs. GOVERNMENT OF ASSAM

JUDGEMENT

(1.) This writ petition is registered on the basis of the application dated 17.06.2012 addressed to the Hon'ble Chief Justice by two convicts lodged in Hailakandi District Jail, who had been convicted in Sessions Case Nos. 20/2000 and 21/2000, praying for passing an order under Section 427 of the Criminal Procedure Code directing concurrent running of the sentence of imprisonment in Sessions Case No. 21/2000 with the sentence imposed in Sessions Case No. 20/2000.

(2.) The applicants were charged under Section 436/149 IPC in Sessions Case No. 20/2000 for causing mischief to an extent of Rs. 2,00,000/- by setting fire into the dwelling house of the informant in village Harishnagar Part-III under Katlicherra Police Station on the midnight of 12.12.1997, where all the household belonging including the paddy and some live-stocks like hens, goats etc. were burnt into ashes. On the basis of such allegation initially Katlicherra P. S. Case No. 227/1997 was registered and upon completion of the investigation Charge-sheet dated 22.08.1998 was filed against 14 accused persons.

(3.) Prior to the occurrence of 12.12.1997, another F. I. R. was lodged on 10.05.1994, on the basis of which Katlicherra P. S. Case No. 77/1994 under Section 147/148/149/ 325/326/307 IPC, alleging that on that date i. e. on 10.05.1994 at about 8 A. M. while the informant along with his father, uncle and brothers were ploughing on their field, 21 accused persons, including the applicants, being armed with dao, lathi, sphere and forming an unlawful assembly with common object of taking forcible possession committed riot trespassing into their land and assaulted them with the weapons, as a result of which the informant's father, uncle, brothers and grandmother sustained severe injuries on their persons. One of the injured, namely, Mainul Haque, the brother of the informant, however, died in the Silchar Medical College and Hospital on 16.05.1994 due to the head injury received by him and hence on the prayer of the investigating officer Section 302 IPC was added in the case. The investigating officer on completion of the investigation filed the charge-sheet on 23.02.1997 against 16 accused persons, including the applicants, under Section 147/148/149/325/447/302 IPC. The case was committed to the Court of Sessions on 27.01.2000 and accordingly Sessions Case No. 21/2000 was registered against all the accused persons under Section 148/323/325/302 read with Section 149 IPC on 18.02.2000. The learned Sessions Judge on the basis of the evidences adduced has found the applicants and 6 others guilty and convicted them under Section 148/323/325/302 read with Section 149 IPC vide judgment dated 09.09.2003 and sentenced them to undergo rigorous imprisonment for 2 years and to pay a find of Rs. 1,000/- each, in default, to under rigorous imprisonment for another term of 3 months, for the offence constituting under Section 148/149 IPC; to undergo rigorous imprisonment for 6 months and to pay a find of Rs. 500/- each, in default, to undergo rigorous imprisonment for another period of 2 months for the conviction under Section 323/149 IPC; to undergo rigorous imprisonment for 3 years and to pay a find of Rs. 1,000/- each, in default, to undergo rigorous imprisonment for another period of 3 months, for the offence committed under Section 325/149 IPC and to undergo imprisonment for life and to pay a find of Rs. 5,000/- each, in default, to undergo rigorous imprisonment for another period of 6 months for the offence committed under Section 302/149 IPC. The learned Sessions Judge has also set off the period of detention of the accused persons in custody during investigation and trial under Section 428 IPC and directs that the sentences will run concurrently.