JOYNUDDIN AHMED Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Ahmed along with Mr. A. Paramanik, learned counsel for the appellant. Also heard Mr. D. Das, learned APP, Assam.

(2.) This appeal is directed against the judgement of conviction dated 05/08/2011 passed by the learned Additional Sessions Judge, FTC No.2, Kamrup, Guwahati in Session Case No. 349(K)/2008 convicting the accused appellant under Section 304 (II) IPC and sentencing him to undergo R.I. for 5 (five) years and also to pay a fine of Rs. 1,000/- and in default R.I. for further one month.

(3.) The prosecution story in brief is that the accused persons, namely, Jainuddin Ahmed, Nur Zamal Hoque, Abdul Jabed Ali, Abdul Barek, Sadek Ali, Abdul Hannan Choudhury, Abdul Hannan forming an unlawful assembly had assaulted the deceased, who was the nephew of the informant in the the premises of the Maheshkhuti Pre-Sr. Madrassa. According to the FIR lodged on 05/02/23008, the incident occurred on 04/02/2008 at about 10-20 a.m. The deceased succumbed to the injuries at Guwahati Medical College and Hospital.