JOYNAL MIR Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. J. M. Choudhury, learned Senior Counsel assisted by Ms. N. Bharali, learned counsel for the accused-appellants. Also heard Mr. B. Gogoi, learned Additional Public Prosecutor, Assam.

(2.) THIS appeal has been filed against the judgment and order dated 26. 12. 2002 passed by the learned Additional Sessions Judge (Ad hoc), Barpeta in Sessions Case No. 81/2000 convicting and sentencing the accused-appellants and sentencing them under Section 365 of IPC to suffer rigorous imprisonment for 3 (three) years and also to pay fine of Rs. 2000/- (Rupees two thousand) only in default, simple imprisonment for one month.

(3.) THE Investigating Officer visited the place of occurrence and recorded the statement of some witnesses under Section 161 Crpc. He seized cash amount of Rs. 1150/- only which was recovered and produced by Bagudi VDP and menbers of public of Hahchora from the possession of the accused persons vide seizure list, Ext. 2. The aforesaid Maruti Van was also seized by police along with relevant documents of the said vehicle vide seizure list, Ext. 3, in presence of the witnesses and after completion of the investigation, the police laid the charge sheet against the accused persons under Sections 365/307/379 IPC. On committal, the learned Sessions Court framed charges against the accused persons under Sections 367/34/379 IPC. The charges being read over and explained, the accused persons pleaded not guilty and claimed to stand trial.