MD SAHIDUL ISLAM KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is a jail appeal against the judgement of conviction dated 21/11/2013 of the learned Additional Sessions Judge (FTC), Barpeta in Sessions Case No. 50/2010. By the aid judgement while convicting the accused appellant under Section 366 IPC, he has been sentenced to undergo R.I. for 7 (seven) years with fine of Rs. 10,000/ - and in default to undergo S.I. for another 6(six) months. The sentence provides the benefit of the provision laid down in section 428 Cr.P.C.

(2.) BARPETA PS Case No. 293/2007 was registered under Section 366/328/34 IPC on the basis of the FIR lodged on 27/04/2007. The FIR was lodged by PW -1. As per the FIR, previous night i.e. on 26/04/2007, when all the family members were sleeping after their meal, the accused appellant entered into the house by breaking open the bamboo wall and made all the members unconscious administering narcotic medicine and thereafter kidnapped the victim wrapping a black cloth around her face. At around 1.O clock of the same night, the accused appellant also threatened the members of the family that if the kidnapped victim was not given on marriage to him, he would create havoc. Following morning, people gathered and found the family members in unconscious state. All of them had undergone treatment at Barpeta Civil Hospital.

(3.) WITH the registration of the case, I.O. carried out investigation and thereafter on completion of the same submitted charge sheet against the 3(three) accused persons under Section 366a/34 IPC. Eventually, charge was framed under Section 366/34 IPC. The defence plea was that of denial. During trial, prosecution examined 11 witnesses and the accused persons were also examined under Section 313 Cr.P.C. The learned trial court after having framed the following points for determination, answered the same in the affirmative towards convicting the accused appellant leaving aside the two other accused persons and hence this appeal from jail.