JOGEN BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Debashree Saikia, learned Amicus Curiae and also heard Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

(2.) This appeal, under Sec. 374(2) Cr.P.C., six appellants namely, Shri Jogen Baruah, Nandeswar Baruah, Basanta Baruah, Kalpendra Baruah, Jyotish Baruah and Someswar Baruah, have put to challenge the correctness or otherwise of the judgment and order dtd. 5/2/2012, passed in Sessions Case No. 225 (N)/ 2000, arising out of Samaguri P.S. Case No. 50/1999, under Sec. 147/148/324/323 IPC added Sec. 302 IPC, by the learned Sessions Judge, Nagaon.

(3.) It is to be noted here that vide the impugned judgment and order, dtd. 5/2/2012, the learned Court below had convicted the appellants under Sec. 323/34 IPC, and sentenced them to suffer rigorous imprisonment (R.I.) for 6 months and also to pay a fine of Rs.1,000.00, each, in default, to suffer simple imprisonment for another one month.