KACHEM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgement of conviction dated 25/05/2006 of the learned Additional Sessions Judge (Ad-hoc), Hojai at Sankardev Nagar in the district of Nagaon, passed in Sessions Case No. 159 (N) 05 convicting the accused appellant along with another under Section 326/149 ; 436/149 and 148 IPC. Consequent upon such conviction, they have been imposed with the sentence of R.I.; for 3 years with file of Rs. 2,000/- and in default further S.I. for 60 days each ; R.I. for 3 years with file of Rs. 2,000/- and in default S.I. for 60 days and S.I. for 1 (one) year respectively.

(2.) On the basis of the FIR lodged on 28/01/1993 (Ext. 4) by the victim Shri Kalipada Saha with the Doboka Police Station, Doboka PS Case No. 26/93 was registered under Section 147/148/149/436/326 IPC. As narrated in the FIR, the incident occurred on 08/12/1992 (Tuesday) at around 10.30 a.m. in which thousands of people belonging to one community stormed into the houses of another community and set their houses on fire. As stated in the FIR, the informant's right hand was chopped off by dagger. Injuries were also inflicted on different parts of his body. As regard delay in lodging the FIR, explanation was furnished in the FIR itself with the statement that during the intervening period he was undergoing treatment at Guwahati Medical College and Hospital and after recovery came back to Doboka. It was stated that as he was undergoing treatment, the FIR could not be lodged at the earliest opportunity. The FIR named, apart from the accused appellant, two other accused persons Md. Billal Uddin and Kala Mia.

(3.) With the registration of the case, the I.O. started the investigation and on completion of the same submitted charge sheet. In due course, charge was framed against the accused appellant and said Billal Uddin under Section 148/326/436/149 IPC. As the other accused persons except the present accused appellant and Billal Uddin had absconded, the case against the said absconded accused persons was split up after proving the P&A issued against them.