(1.) THE appellants stood convicted u/s 448/436 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for six months for the offence u/s 448/34 IPC and further rigorous imprisonment for five years with a fine o Rs.1,000/ each, in default R.I. for three months each for the offence u/s 436 read with Section 34 IPC by the judgment and order passed by learned Sessions Judge, Hailakandi in Case No. S.C. 20/2004.
(2.) HEARD Mr HRA Choudhury, learned senior counsel assisted by Mr I.A.Hazarika learned counsel for the appellants. Also heard Mr.BJ Dutta, learned Addl.P.P.,Assam for the State respondent.
(3.) ALL together four witnesses were examined by the prosecution. The accused persons in their statement recorded u/s 313 Cr.P.C. denied the allegations levelled against them and pleaded that they were innocent. The victim Hilal Uddin expired before his evidence could be recorded. It was alleged in the FIR that Mustt. Jahida Begum was also assaulted by the accused persons but she was not examined by the prosecution. The learned trial Court has convicted the accused persons on the basis of the evidence adduced by PW 1 and PW 2.