ANAM UDDIN MAZARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 28.04.2004 passed by the learned Sessions Judge, Hailakandi in Sessions Case No. 33/2001 convicting the accused appellants under Section 307 read with Section 34 IPC and sentencing them to Rigorous Imprisonment for 5 (five) years and to pay fine of Rs.5000/- each, in default, to imprisonment for another 6 (six) months.

(2.) The sum and substance of the prosecution case is that on 04.12.2000 at about 12.30 pm, the accused appellants along with some other persons armed with weapons attacked and assaulted one Sikandar Ali Barbhuiya, father of the informant, who was looking after the construction work in the newly purchased land situated near College Masjid by the side of the PWD road, as a result of which, he sustained grievious injuries and became unconscious. The informant who is the daughter of the injured, having come to know about the incident rushed to the spot from her house and saw her father lying in injured condition. He was immediately brought to Hailakandi Civil Hospital, wherefrom, he was referred to Silchar Medical College and Hospital for better management of the injuries where he had to remain admitted as indoor patient for about fourteen days.

(3.) The written FIR, Ext. 3 was lodged with the O/C, Hailakandi Police Station by the informant PW3 on the very day of the occurrence on the basis of which a case was registered and on completion of investigation Charge-Sheet was submitted against the accused appellants under Sections 447/323/324/325/326/307/34 of the IPC.