SARAF UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30th August, 2005 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 76/2003. By the impugned judgment, the learned Sessions Judge convicted all the appellants u/s 302/149 IPC and sentenced each of them to R/I. for life and to pay a fine of Rs,.'10;000/- each, in default, further R/I for one year each. That apart, the learned Sessions Judge also convicted them u/s 148/149 IPC and on such conviction, sentenced each of them to undergo R/I for six months. Being aggrieved, the appellants have preferred this appeal challenging the legality and propriety of the judgment on various grounds.

(2.) We have heard Mr. A. M. Mazumdar, learned senior counsel for the appellants and Mr. K. Munir, learned PP, Assam.

(3.) The genesis of the prosecution case is traceable to the FIR lodged by one Md. Asad AH before the Officer-in-Charge of Jamira Police Patrol Post at around 8.00 A.M. on 25th September, 2000. The prosecution story unfurled in the FIR is that on that day at about 8.00 A.M. the deceased Md. Rasab Ali, younger brother of the informant, went to a local shop to buy provisions with his son aged 13/14 years. On his way back home after about 10 minutes, in front of the house of one Faizul, the appellants suddenly appeared from a hideout and started assaulting Rasab Ali with dao, falchira, axe, spear etc. The accused persons chopped off both the hands of Rasab. The accused persons left the place of occurrence on arrival of the villagers. Rasab died on his way to hospital.