MONIUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Bhuyan, learned amicus curiae, appearing on behalf of the appellant. Also heard Mr Z Kamar, learned Public Prosecutor, assisted by Mr. K.C. Mahanta, learned Addl. P.P., Assam, for the respondent State of Assam.

(2.) The judgment and order dated 11.08.2006 passed by the leaned Sessions Judge Hailakandi in Sessions Case No. 41/05 is under challenge, in this appeal. The accused appellants namely Jamiruddin and Mainul Haque were held guilty under section 302/201 Penal Code. Accordingly, they were convicted and sentenced to suffer rigorous imprisonment for life with fine of Rs. 1000.00, in default, further rigorous imprisonment for one month each for their conviction U/s. 302 Penal Code. They were further sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500.00, in default, rigorous imprisonment for 15 days each for conviction U/s. 201 Penal Code. The sentences on each count were to run concurrently.

(3.) The prosecution case, in brief, is as under.