MUBSESWAR ALI SHEIK Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. M. Bora, learned Senior Counsel assisted by Mr. V. A. Choudhury, learned counsel for the respondent in Crl.A./79/2009; Mr. B. M. Choudhury, learned Counsel for the appellant in Crl.A./16/2009; Ms. B. Sarma, learned Counsel for the petitioner/informant in Crl.Rev.P./101/2009 and Mr. P. Borthakur, learned Additional Public Prosecutor for the State of Assam.

(2.) These three revision/appeals are taken up together as the challenge made in this revision and the appeals are the same Judgment and Order dtd. 28/1/2009 passed by the learned Additional Sessions Judge, Fast Track Court, Cachar, Silchar in Sessions Case No. 118/06 (GR Case No. 674/04).

(3.) By the aforesaid Judgment and Order dtd. 28/1/2009, the appellants namely, Md. Mubseswar Ali Sheikh @ Muboi, Md. Watir Ali @ Atu, Md. Numanuddin and Md. Abdul Monaf @ Monaf, were convicted under Ss. 147/436/149 of the IPC and they were sentenced to undergo Rigorous Imprisonment for 1 (one) year under Sec. 147 of IPC and Rigorous Imprisonment for 5 (five) years under Ss. 436/149 IPC and to pay a fine of Rs.2,000.00 (Rupees Two Thousand) each only and in default to undergo further Rigorous Imprisonment for another 6 (six) months. The sentences were to run concurrently.