LAWS(GAU)-2023-3-39

ABDUL JALIL Vs. STATE OF ASSAM

Decided On March 20, 2023
ABDUL JALIL Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr M H Choudhury, learned counsel appearing for the appellants. Also heard Mr P S Lahkar, learned Additional Public Prosecutor for the State of Assam.

(2.) Both the appeals being Criminal Appeal No. 314 of 13 and Criminal Appeal No. 315 of 2013, filed by the appellants, which arose in the same set of incident and on same Judgment dtd. 20/9/2013 passed by learned Sessions Judge, Nagaon, in Sessions Case No. 72 (N)/2005, are being taken up together for disposal, whereby the accused appellants were convicted under Ss. 148/326/149 IPC and sentenced to undergo RI for 1 year each and also to pay fine of Rs.2000.00 each in default RI for two months, for the offence under Sec. 148 IPC and for the offence under Sec. 326/149 IPC, the accused appellants were sentenced to undergo RI for 3 years and to pay a fine of Rs.5,000.00 each, in default RI for 6 months each.

(3.) The brief facts of the case what emerges from the FIR is that one Saiful Islam lodged an FIR on 22/6/2004, before the I/C Sutirpar Outpost under Juria Police Station, stating inter alia that on 21/6/2004, at about 07:30 am, while his father Nur Hussain was working in his paddy field, one Akbar Ali called his father for some discussion. Accordingly, as per order of accused No. 1, Abdul Jalil, the other accused persons, namely, Sahar Ali, Baharul Islam, Johirul Islam, Mujaharul Islam, Abul Hussain, and Fakaruddin started to assault his father. Having heard hue and cry, he went to the spot and found that his father was being assaulted by the aforesaid accused appellants. When he raised alarm, the accused persons while tried to attack him, he left the place. Due to the alleged assault, the left hand of his father had been severed below wrist.