AMINUR ISLAM AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.7.2012 rendered by Addl. Sessions Judge, Dhubri, Assam in Sessions Case No. 2 of 2002 convicting (1) Sahajan Ali, (2) Md. Nur Islam, (3) Samsul Hoque, (4) Md. Aminur Islam & (5) Md. Mozammel Hoque of offences u/s. 147/148/302/149 and sentencing them to suffer R.I. for one year and fine of Rs. 5,000/ - each for offence u/s. 147 IPC, R.I., for 2 (two) years and fine of Rs. 5,000/ - each for offence u/s. 148 IPC and for life and to pay a fine of Rs. 10,000/ - each for offences u/s. 302/149 IPC. Heard Mr. S.S.S. Rahman, learned counsel for the appellants and Ms. S. Jahan, learned Addl. Public Prosecutor, appearing for the State.

(2.) IT may be stated that while so convicting the appellants (hereinafter referred to as accused persons), the trial court was pleased to acquit other co -accused, namely, (1) Maleka Bewa (2) Atihur Rahman, (3) Marjina Bewa, (4) Majibur Rahman, (5) Majibur Ali and (6) Habibur Rahman of offences aforesaid on holding that the prosecution could not make out the charges against them beyond all reasonable doubt.

(3.) THE projected case of the prosecution, in short, is that on 31.08.2000, one Md. Anowar Ali Sheikh (PW 1) lodged an FIR with the Officer -In Charge, Gauripur Police Station alleging that on the night intervening 29th and 31st August, 2000, accused Hazarat Ali and Sahajan Ali came to the house of his nephew Peer Baksh (since deceased) and called him to their house stating that they required to discuss some urgent matters with him.