MAHIBUL HAQUE Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. HRA Choudhury, learned Senior Counsel for the appellant and Mr. V. S. Sinha, learned Public Prosecutor.

(2.) IN Sessions Case No. 62 (DMFT) 2001 the accused appellant Mahibul Haque and another accused Makibur Rahman were tried for the commission of offence U/s 448/364/302 IPC r/w Section 34 IPC on the allegation that on 8th July, the two accused persons trespassed into the house of Yachi Ali and kidnapped one Pullong Ali and thereafter in furtherance of their common intention assaulted Pullong Ali.

(3.) DURING trial, as many as ten witnesses were examined by the prosecution. One witness was examined as co-witness and the defence examined three witnesses. The learned trial Court convicted the two accused persons and sentenced them to imprisonment for life and to pay fine of Rs. 1000/- each, in default, further imprisonment for 3 months for the offence U/s 364 (A) IPC. The accused persons were also convicted U/s 304 (II) IPC and sentenced to Imprisonment of 5 years and to pay fine of Rs. 1000/- each, in default, to further imprisonment for 3 months. Both the sentences were directed to run concurrently.