LAWS(GAU)-2005-11-6

FAZAR ALI Vs. STATE OF ASSAM

Decided On November 17, 2005
FAZAR ALI Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) Heard Mr. A.S. Choudhury, learned Sr. counsel for the appellants and Mr. D. Das, learned Public Prosecutor, Assam.

(2.) This appeal is directed against the judgment and order dated 18.4.96 passed by the learned Sessions Judge, Barpeta in Sessions Case No. 56/90 whereby the present appellants were convicted under Sections 304/326 of the Indian Penal Code, and resultant sentence handed down to them to suffer rigorous imprisonment for seven years and sentenced to pay a fine of Rs. 500/- each, in default of payment of fine, the accused shall undergo further rigorous imprisonment for three months. Accused appellant Fazar Ali has been further sentenced to udnergo rigorous imprisonment for two years with a fine of Rs. 500/- for offence U/S 3261.P.C. in default of payment of fine he would undergo further rigorous imprisonment for two years when sentences were directed to run concurrently, have been assailed in this Criminal Appeal.

(3.) The prosecution case in a nutshell is that on 23.3.1986 one Sayed Ahmed lodged F.I.R. before the police stating inter alia that on that day while his cousins had been ploughing in their paddy field at Amguri as many as seven accused persons named in the FIR armed with lathis and daggers attacked them and assaulted them causing serious injuries as a result one Omar AH amongst them sustained grievous injuries and therefore he was taken to Hospital where on the way he succumbed to his death.