FAZAR ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the dated 10. 08. 2006 passed by the learned Additional District and Sessions Judge (FTC No. 4), Kamrup, Guwahati in Sessions Case No. 124 (K)/05 convicting the accused appellants under Sections 436/323/149 IPC. In terms of the said judgment, the accused appellants numbering 8 (eight), are sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 2000/-, in default, further rigorous imprisonment for six months each for offence punishable under Sections 436/149 IPC and also to pay fine of Rs. 500/-, in default, simple imprisonment of one month each for offence punishable under Section 323/149 IPC. Be it stated here that the accused appellant Nos. 4 and 8, namely, Md Jahur Ali and Md. Chukur Ali respectively are on bail in terms of the order passed by this Court on 18. 12. 2006 in Misc. Case No. 486/06.

(2.) THE prosecution story, in brief, is that on 06. 01. 1996 at about 1. 30 p. m. some miscreants came to the house of Md. Nurul Islam Choudhury and set fire in his Pharmacy house and cowshed. The miscreants also assaulted his daughter Ms. Sahnewaz Choudhury and other family members. The appellant were the named miscreants. It was said Ms Sahnewaz Choudhury, who lodged the FIR with the Rangia Police Station.

(3.) ON the basis of the above FIR, police registered case and started investigation and on completion of the investigation submitted charge sheet against the accused persons under Sections 147/148/149/436/323 IPC.