MD. SAMSUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16.10.2012 passed by the learned Additional Sessions Judge, FTC, Nagaon in Sessions Case No.234(N)/2007, whereby and whereunder the three appellants herein were convicted under Sections 313/201/34 IPC and sentencing them to undergo rigorous imprisonment (RI for short) for four years with fine of Rs.5000/ - (Rupees Five Thousand) only each, in default, six months simple imprisonment under Section 313 IPC. They are also sentenced to undergo RI for one year with fine of Rs.1000/ - (Rupees One Thousand) only, in default, one month simple imprisonment under Section 201 IPC. However, having found no evidence and as the prosecution has failed to prove the case under Section 506 IPC against the accused persons they were acquitted from the charges under Sections 506/34 IPC.

(2.) I have heard Ms. P Chakraborty, learned Amicus Curiae appearing for the appellants. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor, Assam for the State respondents.

(3.) AFTER receipt of the FIR so lodged, Police registered a case being Uluwani P.S. Case No.80/2005 under Sections 313/201/493/506/34 of the IPC and started investigation.