ALI HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. P. Bora, learned counsel for the appellants. Also heard Mr.S. Bikash, learned counsel for respondent No. 2 and Ms. S.H. Bora, learned Additional Public Prosecutor for the State.

(2.) This appeal is directed against the Judgment and Order dtd. 29/9/2018 passed by the learned Addl. Session Judge, Bilasipara in Sessions Case No. 222/2011 convicting the appellants/accused u/s 323/324/325/34 IPC and sentencing the appellants/accused persons to pay fine of Rs.500.00 each i/d 1 month simple imprisonment u/s 323 IPC and further sentenced to undergo 1 year RI and to pay a fine of Rs.2000.00 each i/d 2 months SI u/s 324 IPC and further sentenced to undergo 2 years RI and to pay a fine of Rs.10,000.00 each i/d 6 months SI u/s 325 IPC.

(3.) That the prosecution case in brief is that on 4/11/2008 at about 6 am informant Najrul Haque's brother-in-law Jabrul Haque went near a pond at the backside of his house to answer nature's call. At about that time, all the accused persons mentioned in the ejahar, namely, Ali Hussain, Rajiul Haque, Fakar-uddin, Fatema Bibi, Monowara Bibi @ Monera Bibi and Nur Jahan armed with deadly weapons such as khukri, dao, stick etc. attacked Jabrul Haque and caused grievous injury at various parts of his body and also broke the hand and teeth of Jabrul Haque. Hearing the hue and cry, when wife and daughter of Jabrul Haque went to the place of occurrence, the accused persons named in the ejahar also attacked them and caused injuries to them. Thereafter, the injured persons were taken to the Sapatgram hospital and from there they were taken to Dhubri Civil Hospital.