ABDUL KALAM @ GAONBURAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals are directed against the judgment and order dated 21.07.2008 passed by the learned Session Judge, Morigaon in Sessions Case No. 56/2006 whereby the learned Sessions Judge convicted accused Abdul Jabbar, Atabur Rahman and Abdul Kalam @ Gaonbura of offences under Section 364(A)/302/201/34 IPC and sentenced each of them to imprisonment for life and fine of Rs. 5,000/- each i.d. R.I. for further 6(six) months for offence u/s. 302 IPC and sentenced each of them to imprisonment for life and a fine of Rs. 5,000/- each i.d., imprisonment for further period of 6(six) months for offence under Section 364(A) IPC and sentenced each of them to R.I. for 3 years and a fine of Rs. 500/- i.d imprisonment for further period of 15 days for offence under Section 201 IPC. By the same judgment and order, the learned Session Judge, Morigaon had also convicted accused Jamir Hussain of offence under Section 364A IPC and sentenced him to imprisonment for life and a fine of Rs. 5000/- i.d for R.I. for another 6(six) months for the aforesaid offence.

(2.) Under the same judgment and order, accused Fazaluddin stood convicted of offence under Section 202/109 read with Section 363 IPC and was sentenced to suffer imprisonment for 5(five) years and fine of Rs. 1000/- i.d., imprisonment for another 1 (one) month for offence under Section 109 read with 363 IPC and sentenced him to R.I. for 6 (six) months and a fine of Rs. 500/- i.d., R.I. for another 15 days for offence under Section 202 IPC.

(3.) Being aggrieved by the aforesaid judgment, the appellants namely Md. Abdul Kalam @ Goanbura, Md. Jamir Hussain, Md. Abdul Jabbar and Md. Aatbar Rahman preferred those appeals citing several infirmities in the judgment under challenge.