MD. KAMAL UDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I.A. Hazarika, Mr. F.U. Borbhuiya and Mr. N.S. Laskar, learned Counsel appearing for the appellants as well as Mr. D. Das, learned Public Prosecutor, Assam.

(2.) Six appellants along with one Kutub Uddin faced trial for alleged commission of offence punishable under sections 148/149/302, I.P.C. relatable to the death of one Alimuddin (hereinafter referred to as 'the deceased'). All of them were found guilty by the Trial Court and were sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 5,000.00 each, in default, rigorous imprisonment for six months each under section 302, I.P.C. and to undergo rigorous imprisonment for 3 months for offence committed by them under sections 148/149, I.P.C. Both the sentences as ordered by the Trial Court would run concurrently. Kutub Uddin who was also faced trial with the appellants herein was acquitted by the Trial Court.

(3.) The challenge made in this appeal is to the judgment and order dated 19.7.2005 rendered by the learned Sessions Judge, Hallakandi in Sessions Case No. 64/03 by which the appellants were convicted and sentenced as recorded hereinabove.