JAINUL HAQUE BARBHUIYA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A.Choudhury, learned counsel appearing for the appellants and Mr. B. Sarma, learned Addl. Public Prosecutor, Assam.

(2.) This appeal has been preferred against the judgment and order dated 28.11.2007 passed by the learned Additional Sessions Judge, First Track Court, Cachar, Silchar in Sessions Case No.125/2002, convicting and sentencing the accused appellants to undergo rigorous imprisonment for 10(ten) years and pay fine of Rs.5,000/- each in default to suffer rigorous imprisonment for 1 (one) year each for the offence committed U/S 149/304 Part-I IPC and also sentenced them to undergo rigorous imprisonment for 2 (two) years and also to pay a fine of Rs.1000/- each, in default R.I. for 6(six) months for the offence committed U/S 148 IPC.

(3.) The prosecution story in brief is that on 30.9.1998 at about 11.30 am accused Jainal Haque Barbhuiya, Ania Mia, Komal Mia, Mafur Raja, Amir Uddin Laskar, Altaf Hussian Laskar, Khudu Mia and Lalu Mia by forming unlawful assembly have assaulted Monindra Singh and his 2 (two) sons Shambhu Singh and Shankar Singh calling them out of their house by means of lathi and other weapons. Hearing hue and cry when their servant Hiralal Karmakar came out, he was also assaulted by the accused persons. Keeping them in injured condition at home, the informant Smti Chandana Sena Singh, wife of deceased lodged the FIR with Salchapra Patrol Post. The contents of the FIR were recorded in the General Diary and it was forwarded to the Officer-in-Charge, Silchar Police Station for registering a case. Accordingly, a case was registered U/Ss 147/148/149/447/325/326 IPC. During the investigation injured Monindra Singh succumbed to his injuries.