ALI AHMED AND ANOTHER Vs. STATE OF ASSAM

JUDGEMENT

(1.) - By the impugned judgment and order, dated 29.8.2006, passed, in criminal Appeal No. 23/2005, the learned Sessions Judge, Barpeta, has dismissed the appeal preferred by the accused-petitioners against the judgment and order, dated 25.8.2005, passed in G.R. Case No. 360/1997). whereby the learned Trial Court convicted the present accused-petitioner No. 1, namely, Ali Ahmed, under section 419, I.P.C. and sentenced him to undergo, for his conviction under section 419, I.P.C. rigorous imprisonment for one year and pay a fine of Rs. 1,000.00 and, in default of payment of fine, suffer simple imprisonment for a further period of two months and also convicted the accused-petitioner No. 2, namely, Abu Rayhan Siddique, under section 109, I.P.C. and sentenced him to undergo, for his conviction under section 109. I.P.C., rigorous imprisonment for a period of one year and pay a fine of Rs. 1,000.00 and, in default of payment of fine, suffer simple imprisonment for a further period of two months.

(2.) The case against the accused-petitioners, as unfolded at the trial, may, in brief, be described thus : On 2.4.1997, accused No. 1. All Ahmed, was caught by Sri Nabin Kalita, Principal of Bhabanipur Anchalic College, while accused Ali Ahmed was appearing, on behalf of accused Abu Rayhan Siddique, in the M.I.L. (Assamese) paper of T.D.C. Part-I examination. On being questioned by the Principal, the accused No. 1. Ali Ahmed, confessed his guilt and, on being informed by the Principal, the police arrived at the college and seized, amongst others, the answer script, which the accused No. 1 was using. After the police arrived, the accused No. 1 made an attempt to run away from the examination centre: but the police caught hold of him and arrested him. The Principal lodged a formal F.I.R. and based on this F.I.R., a case was registered against the accused No. 1, Ali Ahmed, under section 409, I.P.C. and against accused No. 2, namely, Abu Ahmed Siddique, under section 109, I.P.C. The investigation resulted into filing of charge-sheet against the two accused-petitioners.

(3.) During trial, while a charge was framed under section 419, I.P.C. against accused Ali Ahmed, a charge under section 109, I.P.C. was framed against accused Abu Rayhan Siddique. To the charges, so framed, the accused pleaded not guilty.