MD. MUSLIM ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The Criminal Appeal (J) No. 14/2015, Criminal Appeal (J) No. 20/2015 and Criminal Appeal (J) No. 38/2015, have been preferred respectively by accused appellant, Muslim Ali, Alam Alil and Pacha Ali, against the judgment and order, dated 15.12.2015, in Session Case No. 83/2012, passed by the learned Sessions Judge, Morigaon, convicting and sentencing each of them to pay a fine of Rs. 500 under Sec. 341 Indian Penal Code (IPC) and rigorous imprisonment for 10 years for offence under Sec. 304 Penal Code and fine of Rs 5000, in default to undergo imprisonment for six months.

(2.) The fact preceding these appeals are as follows:

(3.) On 31.10.2010 an FIR was lodged by Ms. Roonjoon Das alleging that accused Pacha Ali, the appellant in Criminal Appeal 38/2015, accused Alam Ali, the appellant in Criminal Appeal 20/2015 along with accused Muslim Ali, the appellant in Criminal Appeal No. 14/2015 and Jaila Ali (since absconding) restrained and assaulted Atul Devnath, the deceased, and as a result of the injuries sustained, he died.