ZAKIR HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Z. Kamar, learned Senior Counsel, assisted by Mr. A. Rahman, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Senior Counsel-cum-Additional Public Prosecutor, Assam, assisted by Ms. P. Bora, learned counsel appearing for the State of Assam.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 has been preferred by the appellants, namely, 1. Zakir Hussain, 2. Sopior Rahman and 3. Soleman Seikh impugning the Judgment and Order dtd. 16/9/2019 passed by the learned Additional Sessions Judge, Bilasipara in Sessions Case No. 30/2014 whereby, the appellants were convicted under Sec. 448 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 3(three) months. The appellants were also convicted under Sec. 326 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for 1(one) year and to pay a fine of Rs.2000.00 each and in default of payment of fine to undergo rigorous imprisonment for 1(one) month. The appellants were also convicted under Sec. 302 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life with a fine of Rs.5,000.00 and in default of payment of fine to undergo further rigorous imprisonment for 3(three) months. The conviction of the appellants under Sec. 448/326/302 of the Indian penal code was with the help of Sec. 149 of the Indian Penal Code.

(3.) The facts relevant for consideration of the instant appeal, in brief, are as follows:-