RAHAN UDDIN ALIAS KUKI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This criminal appeal under Section 374 OF CrPC is directed against the judgment and order of conviction and sentence, dated 29.09.2007, passed by learned Sessions Judge, Hailakandi, in case No.62 of 2006, whereunder learned Sessions Judge found the accused appellant, Md. Jakir Hussain alias Jakir Hussain Laskar and Md. Rehan Uddin alias Kuki guilty of committing offence punishable under Section 366 read with Section 34 of IPC and sentenced both the accused appellants to suffer RI for three years and to pay a fine of Rs.1,000/-(rupees one thousand) each, in default of payment of fine to suffer further RI for fifteen days. Learned Sessions Judge also found accused, Md. Jakir Hussain, guilty of committing offence punishable under Section 376 of IPC and sentenced him to suffer RI for five years and to pay a fine of Rs.2,000/-(rupees two thousand), in default of payment of fine, to suffer further RI for one month.

(2.) Heard learned counsel, Mr. A.M. Barbhuiya for the appellants and learned Addl. P.P., Assam, Mr. B.S. Sinha for the State respondent.

(3.) Brief Fact: