MD. GOUSUDDIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J.M. Choudhury, learned Senior Counsel for and on behalf of the appellant, and also heard Mr. B.S. Sinha, learned Additional Public Prosecutor. Assam, for and on behalf of the state respondent.

(2.) Appellant. Md. Gousuddin alongwith two others namely Abdul Gaffar and Guljar Khan stood charged under section 307/34, I.P.C. before the learned Sessions Judge, Cachar. V Silchar. At the conclusion of the trial, learned sessions Judge, Cachar, Silchar, found the appellant Md. Gousuddin guilty under section 326 of the Indian Penal Code and accordingly convicted and sentenced him to suffer 4 years R.I and pay a fine of Rs. 5,000.00. In default of payment of such fine to suffer further imprisonment for six months R.I. Learned Trial Court, however, failed to record a conviction against other two accused persons, who also faced the charge under section 307/34 of the I.P.C.

(3.) Feeling aggrieved by and dissatisfied with the impugned judgment and order of conviction so rendered by the learned Sessions Judge. Cachar, Silchar, Md. Gousuddin filed this present appeal challenging its legality and correctness.