TAFAZZUL AHMED ALIASTAFAZZUL ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is preferred against the judgment and order dated 5. 2. 2004 rendered in Sessions Case No. 76/2004 by the learned Sessions Judge, Karimganj, whereby the accused appellants have been convicted for the commission of offence under Section 447, 323 and 304, IPC, read with Section 148 and 149, IPC. On the basis of the aforesaid conviction, the accused appellants have been sentenced to suffer RI for seven years with a fine of Rs. 1000. 00 and also to suffer SI for six months by each of them for the offences committed by them under Sections 304, IPC, read with Sections 148 and 149, IPC.

(2.) THE case set up by the prosecution is that on 30. 1. 97 at about 2 PM, the accused persons five of whom were named in the FIR formed an unlawful assembly and trespassed into the house of the complainant and assaulted Lutfa Begum by dragging her out from her house. Salma Begum and Mazu Begum came to rescue Lutfa Begum, but the accused appellants also assaulted them.

(3.) AN FIR was logged on the same date by the injured Lutfa Begum and Salma wherein the name of appellant Nos. 1 to 5 were mentioned as assailants who had assaulted the informants Lutfa and Salma.