ABDUN NOOR AND ORS. Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. H.R.A. Choudhury, learned Senior Counsel assisted by Mr. I. Uddin, learned Counsel appearing on behalf of the appellants and Mr. K. A. Mazumdar, learned Public Prosecutor, Assam.

(2.) Conviction of the 4 (four) appellants, namely, 1) Abdun Noor, 2) Md. Jaban Ali, 3) Musstt. Kali Bibi and 4) Musstt. Fatai Bibi @ Aftarun under Sections 148/323/448/302 Penal Code read with Sec. 149 Penal Code handed down by the learned Additional Sessions Judge (Adhoc), Karimganj by his Judgment and Order dated 17.6.2006 in Sessions Case No. 88/2003, whereby each of the convicted accused were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000.00 each in default to undergo additional two years simple imprisonment under Sec. 302 Penal Code read with Sec. 149 IPC, to undergo one year rigorous imprisonment under Sec. 323 Penal Code read with Sec. 149 IPC, to undergo three years rigorous imprisonment under Sec. 148 Penal Code read with Sec. 149 Penal Code and to undergo one year rigorous imprisonment under Sec. 448 Penal Code read with Sec. 149 IPC, has been assailed in this criminal appeal.

(3.) The prosecution case in brief is that on 5.1.2002 at about 10.00 a.m. accused persons namely, Abdun Noor, Soloi Bibi, Kali Bibi, Fatai Bibi and her husband and Wasid Ali assembled unlawfully and being armed with dao, rod, lathi and other dangerous weapons, they trespassed into the dwelling house of the informant, Md. Mostaque Ahmed, P.W. 2 and assaulted the informant, his nephew Fakar Uddin, another nephew Akhoi Mian and his wife causing grievous injuries to their persons and took away all the utensils from the house causing him a loss of Rs. 1,000.00. Thereafter, an 'Ejahar' was lodged with the Karimganj Police Station and on the basis of the same investigation ensued.