ABDUL KALAM SHEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. D. Das, the learned senior counsel assisted by Mr. H. K. Sharma, the learned counsel for the appellants. Also heard Ms. S. H. Borah, the learned Additional Public Prosecutor for the State as well as Mr. J. Islam, the learned counsel appearing for the respondent No. 2.

(2.) This appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973, has been filed by the appellants, namely, (1) Abdul Kalam Sheikh (hereinafter also referred to as A - 1) and (2) Abdul Hai Sk. (hereinafter also referred to as A - 2) , challenging the judgment and order dtd. 29/9/2023 passed by the learned Additional Sessions Judge, Dhubri, in Sessions Case No. 11/2017. By the said judgment, the appellants were convicted under Sec. 304 Part-I of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000.00 each, and in default of payment of fine, to undergo simple imprisonment for two months. The appellants were also convicted under Sec. 325 read with Sec. 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.1,000.00 each, and in default of payment of fine, to undergo rigorous imprisonment for one month. It was directed that both sentences shall run concurrently.

(3.) The facts relevant for consideration of the instant appeal, in brief, are that on 6/7/2011, one Motiur Raman had lodged an FIR before the Officer-in-Charge of Gauripur Police Station, inter-alia, alleging that, on 4/7/2011, at about 2.00 pm, one cow belonging to the appellant No. 1, Abdul Kalam, entered into the paddy field of Abdul Motleb and started grazing there. When the said Abdul Motleb took the cow to the pound, both the appellant attacked him with deadly weapon like stick, dao, spear, etc. and injured him. The injured Abdul Motleb sustained injuries on his head, and thereafter, he was taken to Dhubri Civil Hospital and then to Guwahati Medical College and Hospital for treatment.