MD RAMJAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgement of conviction dated 19/02/2010 of the learned Additional Sessions Judge (FTC), Nagaon, Assam, passed in Sessions Case No. 164(N)/2006. By the said judgement, while convicting the accused appellant under Section 307/326 IPC, he has been sentenced to undergo R.I. for 7(seven) years with fine of Rs. 500/ - for each one of the offences. Both the sentences are to run concurrently. The period of detention which the accused appellant had already undergone during trial shall stand set of under Section 428 Cr.P.C.

(2.) ACCORDING to Mr. B.M. Choudhury, learned counsel representing the accused appellant having regard to the evidence on record, at best it would be a case falling under section 326 IPC requiring reduction of the sentence already imposed by the impugned judgement. Mr. D. Das, learned APP, Assam on the other hand submits that when there is overwhelming evidence indicating that it was the accused appellant who had committed the offence, the impugned judgement of conviction requires no interference.

(3.) I have considered the submissions advanced by the learned counsel for the parties and have also perused the entire material evidence on record. My findings and conclusions are as follows.