MD. ABDUL KARIM BHUYAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.Uddin, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, representing the State of Assam.

(2.) This criminal appeal has been filed under Sec. 374 of the Code of Criminal Procedure, 1973 by the appellants, namely, 1. Md. Abdul Karim Bhuyan @ Abdul Kasim Bhuyan, 2. Md. Abdul Wahab and 3. Md. Osman Ali, impugning the Judgment and Order dtd. 5/1/2011, passed by the learned Additional Sessions Judge (F.T.C.), Lakhimpur, in Sessions Case No. 20(NL)/2010, arising out of Bihpuria P.S. Case No. 103/2008, whereby the present appellants were convicted under Sec. 457 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for6(six) months with a fine of Rs.2,000.00 each and in default of payment of fine to undergo further rigorous imprisonment for 45 (forty five) days. They were also convicted under Ss. 354/34 of the Indian Penal Code and were sentenced to undergo simple imprisonment for a period of 3(three) months and to pay a fine of Rs.1,000.00 each and in default of payment of fine to undergo for simple imprisonment for 20(twenty) days. It was directed that both the sentences shall run concurrently.

(3.) The facts relevant for adjudication for this appeal, in brief, are as follows:-